California prosecutors treat domestic violence allegations very seriously. Depending on the circumstances, a domestic violence offense may be charged as either a misdemeanor or a felony. The severity of the injuries, the defendant’s criminal history, and the facts surrounding the incident all play a role in whether a felony charge is brought.
If you have been arrested for domestic violence, continue reading this article and seek a qualified criminal defense attorney as early as possible can have a significant impact on the outcome of your case.
What Is Considered Domestic Violence in California?
Domestic violence is not a single criminal offense. Rather, under California law, there are many crimes that can fall under the larger category of domestic violence. DV crimes fall under a broad category that includes numerous crimes that may be committed against a spouse, former spouse, dating partner, cohabitant, fiancé, the parent of a shared child, or certain other protected individuals.
Some of the most common domestic violence-related offenses charged in California include domestic battery, which is generally charged as a misdemeanor; corporal injury to a spouse or cohabitant, child abuse, and elder abuse, all of which may be prosecuted as either misdemeanors or felonies depending on the circumstances.
In addition to these offenses, conduct such as criminal threats, stalking, harassment, intimidation, violation of protective orders, and the unlawful distribution of intimate images aka “revenge porn” may also be prosecuted as domestic violence offenses when committed against a domestic or household member. Criminal threats and stalking are wobblers offenses; violations of protective orders are typically misdemeanors but may be charged as felonies in certain circumstances. The “revenge porn” offense is generally a misdemeanor under California law. However, depending on the facts, prosecutors may file additional felony charges if the conduct also violates other criminal statutes. For example, if the conduct involves extortion, identity theft, computer crimes, or child sexual abuse material, separate felony charges could also apply. This is why it is crucial to be represented by aggressive criminal defense representation of you are accused of domestic violence in California.
When Is Domestic Violence Charged as a Felony in California?
As explained, not every domestic violence arrest automatically results in felony charges. Many offenses are considered “wobbler” offenses, meaning prosecutors have the sole discretion whether to charge them as either misdemeanors or felonies based on the facts of the case.
A felony filing is more likely when:
- The alleged victim suffers a traumatic or significant physical injury.
- The defendant has prior domestic violence convictions or violent crime convictions.
- The offense involves physical injury such strangulation, broken bones, or other corporal injury.
- A deadly weapon was used.
- The incident includes additional felony offenses, such as sex crimes, criminal threats, child abuse, false imprisonment, or assault with a deadly weapon.
California, in the interest of protecting victims, has some of the strictest legal protections and penalties against domestic violence in the country. Felony domestic violence convictions may carry state prison sentences, while misdemeanor convictions are generally punishable by time in county jail.
Do Not Facing Domestic Violence Allegations Without Legal Representation
For more than 25 years, The Law Office of Nic Cocsi has defended individuals accused of domestic violence and other criminal offenses throughout Riverside County, California. Our attorneys understand the complexities of these cases and have a proven history of obtaining favorable results for our clients, including negotiating felony charges down to misdemeanors, securing dismissals, and aggressively protecting our clients’ constitutional rights at every stage of the criminal process.
If you have been arrested for or accused of domestic violence in California, do not wait to seek legal representation! The decisions you make in the early stages of your case can significantly affect its outcome. Contact us now to schedule a confidential consultation. We will carefully evaluate the facts of your case, explain your legal options, and fight to protect your freedom, your reputation, and your future.
