Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Domestic violence is generally charged as a misdemeanor offense rather than a felony, unless the incident caused an injury or involved a deadly weapon or child victim.
A pattern of abuse can also elevate domestic violence to a felony. So can a violation of a restraining order. The laws in different states will determine which circumstances create a felony offense.
Generally, domestic violence is a misdemeanor offense. State criminal laws will usually list a set of circumstances that will elevate the offense to a felony. If those circumstances are not present, the offense will be prosecuted as misdemeanor domestic violence. It is helpful to see domestic violence as a misdemeanor, by default.
Domestic violence becomes a felony-level offense when certain elements are present. What circumstances elevate the offense to a felony will depend on the state. Generally, the following factors can turn a case of domestic violence into a felony:
For example, in California, there is no single domestic violence law. Instead, there are a handful of different laws that cover domestic violence in certain situations. Only some of these offenses can be charged as felonies.
Felony-level offenses of domestic violence include:
Many of these offenses can be charged as either
California recognizes wobblers as a crime classification. This allows prosecutors to pursue either felony or misdemeanor charges, based on the circumstances of the case and the defendant’s criminal history. Many other states do not have wobblers. Their state criminal laws will state what types of charges can be filed for these offenses.
When domestic violence charges are misdemeanors, they carry up to 1 year in jail. If they are felony charges, they can carry more than 1 year in prison.
Each state is going to have its own range of
In California, for example, the most common type of felony-level domestic violence is when it involves a corporal injury. Felony convictions for this offense carry:
Penalties are subject to several sentencing enhancements. These include:
Those eligible prior convictions include:
However, when a crime is one of domestic violence, there are often other consequences of a conviction. These can include:
Additionally, some of the repercussions of a domestic violence case are felt outside of the criminal justice system. A domestic violence case – even a pending one that has not yet led to a conviction – can also impact family law issues in civil court, such as:
The victim may even file a personal injury case in civil court. This claim would demand financial compensation for things such as:
There is no specific crime of domestic violence. Instead, domestic violence charges are certain crimes that are committed against certain people. Different states will vary on the details.
However, most states consider the following crimes as potential domestic violence crimes:
Generally, if any of these offenses are committed against the following people, it becomes domestic violence. Many states define potential victims as “household members,” or those in an “intimate relationship” with the defendant. Frequently, they will include:
Some states also protect in-laws and extended family members, like aunts or nephews.
If an eligible crime is committed against a protected victim, it becomes a crime of domestic violence. These criminal offenses sometimes come with longer prison sentences. The penalties of a conviction or even of an arrest are also much broader.
The breadth of these potential penalties, like a mandatory arrest or a restraining order, is meant to protect the victim from further harm. State laws protect people in close relationships with the defendant because they are often unable to completely sever the contact.
However, the additional penalties of a domestic violence offense make these charges especially problematic for the accused. They can be put through an arrest and forced to leave their home until the court hearing. These repercussions also make domestic violence allegations ripe for abuse. Alleged victims can falsely accuse defendants of domestic violence out of revenge or for their own personal interests.
Defendants who have been accused of domestic violence or domestic abuse can have several legal defenses available to them, depending on the circumstances. Establishing an attorney-client relationship with a criminal defense attorney is the best way to know which defense strategy will be the best option.
One of the most common defense strategies is that the alleged victim is making false allegations. It is not uncommon for claims of domestic battery to be made by people looking for leverage or revenge. The heightened penalties of a conviction and the immediate consequences of the allegation make domestic violence a common tool to get it.
It is also a strong defense if the violence was accidental. The violent crimes that are the basis for domestic violence charges generally require intentional conduct. It is up to the district attorney and law enforcement to prove this intent. A criminal defense lawyer from a reputable law firm can fight the criminal charges by presenting evidence that shows that there was no intent.
Self-defense is also an option. Many domestic violence allegations stem from fights. If the defendant did not initiate the violence and was defending himself, herself, or someone else, it can be a strong defense.
If you or someone you know is in immediate danger, call 911. Otherwise, you can find help, information and advocacy in the following places:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.