Is a Domestic Violence Charge a Felony in California?

California’s legal framework surrounding domestic violence charges is complicated. There are several types of charges in such cases, and anyone who has committed such an offense can face serious legal consequences. If the authorities apprehend you for allegedly committing domestic violence, you might wonder: is domestic violence a felony charge?

Before we delve into whether or not the offense is a felony, it would be best to understand how California defines domestic violence first.

What Is Domestic Violence?

According to California Penal Code §13700(b), domestic violence is abuse against a specific group of people. It is when an individual commits acts of violence or threatened violence against one of the following persons:

  • Spouse
  • Cohabitant
  • Fiancé
  • Significant other
  • A person with whom the accused has a biological child

Domestic violence charges apply even if the relationship or marriage has ended.

Common Types of Domestic Violence Charges in California

There are two types of domestic violence offenses in California. They include:

1. Corporal injury:

Corporal injury refers to intimate partner violence (IPV) that results in a spouse or cohabitant suffering physical injuries. In that case, the accused will be charged with corporal injury to an intimate partner.

2. Domestic battery:

As outlined in California Penal Code §243(e) (1), domestic battery is the use of violence or force against a person who falls into the categories described above. In such a circumstance, “force or violence” doesn’t necessarily mean that the defendant caused harm or injury. It simply implies unlawful physical contact.

Felony vs. Misdemeanor

A person charged with domestic violence in California can be charged with either a felony or a misdemeanor, depending on several factors. For any party involved in a domestic violence case, it’s critical to understand the difference between these two levels of domestic violence offenses and the legal consequences of each.

Felonies

A felony is the most serious offense one can be charged with in California. An individual convicted of a felony can be sentenced to serve time in a state prison or placed on formal probation. The judge can impose up to 12 months/one year as a condition of the felony grant of probation. A felony comes with serious consequences, including the loss of voting rights. A subsequent felony conviction can significantly damage a person’s employment and housing opportunities.

Misdemeanors

On the other hand, a misdemeanor is defined as an offense punishable by up to one year in county jail. A person charged with a misdemeanor is often placed on probation and may serve jail time as a condition for the probation. Like felonies, misdemeanors have collateral consequences. For instance, the charge will remain in a person’s criminal record unless the conviction is expunged.

Wobblers

Some offenses are known as “wobblers.” Such cases can either be charged as felonies or misdemeanors. The level of criminal charges in a wobbler will depend on:

  • The defendant’s criminal record
  • The circumstances of the case, including whether the accused used a weapon
  • The severity of the injuries sustained by the victim

Under California Penal Code §17(b), the judge may reduce the charges from a felony to a misdemeanor in a wobbler.

Is Domestic Violence a Felony Charge in California?

In most domestic violence cases, the accused will be arrested on suspicion of committing a corporal injury to a spouse under California Penal Code §273.5, a wobbler offense. The prosecutor assigned to the case will first review the facts about the case and determine the level of charges.

A domestic violence case may qualify as a felony if the prosecutor determines that:

  • The defendant had a criminal history
  • The accused had a series of previous acts of domestic violence on their record
  • The act of violence involved the use of a deadly weapon
  • The victim suffered severe bodily harm and injuries

Otherwise, the prosecutor may find the defendant guilty of committing domestic battery under California Penal Code §243. Domestic battery is charged as a misdemeanor. That means there was the use of force or violent physical contact without any injuries, such as pushing and shoving a spouse or a cohabitant.

If the domestic violence incident led to the victim ending up in a hospital for medical attention due to serious injuries, the accused may be charged with a felony.

A Lawyer Can Help  if Domestic Violence is Found as a Felony Charge

Consequences of Domestic Violence Charges in California

Besides jail time, a person found guilty of a domestic violence charge in California faces serious legal consequences. The following are some of the repercussions:

  • A criminal record
  • Fines or restitution
  • Mandatory attendance in a domestic violence intervention program
  • Loss of child custody
  • Loss of gun rights
  • A restraining order

Partner With a Domestic Violence Lawyer in California for Quality Legal Representation

Are you facing domestic violence charges in California? Hire a California domestic violence attorney and let us advocate for you. Contact us today and schedule a free consultation with one of our lawyers and set yourself up for quality legal advocacy.