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Imagine waking up to find yourself accused of domestic violence. You don’t know whether you’re facing misdemeanor or felony charges, but you do know that your future—your job, your housing, even your family life—is at stake. What’s next? The distinction between a misdemeanor and a felony charge can drastically alter the course of your case. This article explains the differences and why understanding the distinction between the two is critical to building a solid defense.
What Is Domestic Violence Under California Law?
In California, domestic violence involves abuse or threats of abuse against a spouse, cohabitant, intimate partner, co-parent, or close family member. Abuse includes physical harm, sexual assault, or any behavior meant to control or instill fear. Domestic abuse charges carry significant consequences, but the severity of the penalties depends on whether the crime is classified as a misdemeanor or felony.
Misdemeanor vs. Felony: What’s the Difference?
When Is Domestic Violence a Misdemeanor?
Misdemeanor domestic violence typically involves minor injuries or no physical harm at all, such as verbal threats or emotional abuse. Common examples include:
- A heated argument escalates into a shove or slap without causing lasting harm, or
- Threatening text messages or phone calls intended to intimidate.
If convicted of a misdemeanor domestic violence charge under Penal Code § 243(e)(1), you may face:
- Up to one year in county jail, and
- Fines up to $2,000.
A misdemeanor domestic abuse conviction can also result in the court ordering probation, mandatory counseling, or the completion of a batterer’s intervention program.
When Is Domestic Violence a Felony?
Domestic violence is charged as a felony when the accuser suffers a significant injury or when aggravating circumstances exist, such as:
- Use of a weapon during the incident,
- A history of prior domestic violence convictions, or
- Committing violence in the presence of a child.
Felonies are prosecuted under Penal Code § 273.5, which requires evidence of “corporal injury” resulting in a traumatic condition, such as visible bruises, broken bones, or other injuries.
Felony domestic violence penalties include:
- Two to four years in state prison,
- Fines up to $6,000, plus restitution to the victim, and
- A potential strike under California’s three strikes law.
A domestic violence conviction, whether classified as a misdemeanor or felony, can lead to long-lasting repercussions from employment obstacles to housing challenges. Domestic abuse convictions often weigh against defendants in family court. Additionally, federal law prohibits firearm possession following a domestic violence conviction.
What Are Wobbler Charges?
Some domestic violence charges are known as ‘wobblers,’ which means the prosecutor has the discretion to charge them as either misdemeanors or felonies based on the specific circumstances of the case. Factors influencing this decision include:
- The severity of the injury,
- The defendant’s criminal history, and
- The circumstances surrounding the incident.
With a skilled domestic violence attorney in Riverside, CA, a felony domestic violence charge can sometimes be reduced to a misdemeanor. This can occur during plea negotiations or after demonstrating insufficient evidence to support the severity of the original charge.
Effective Defense Strategies for Handling Domestic Violence Charges
Defendants facing domestic violence charges can use several defense strategies to counter the allegations effectively, including:
- Proving false allegations. Fabricated claims often arise from custody disputes, personal vendettas, or relationship tensions. Presenting evidence of ulterior motives, such as texts, emails, or witness testimony, can undermine the accuser’s or witness’s credibility.
- Demonstrating a lack of intent. Highlighting misunderstandings or accidental actions, such as self-defense or unintentional harm, can challenge the claim that there was a deliberate intent to harm.
- Challenging evidence. Scrutinizing police reports for inaccuracies, witness statement inconsistencies, or investigation gaps can weaken the prosecution’s case.
- Highlighting procedural violations. If law enforcement fails to follow legal protocols, such as conducting a lawful search or properly preserving evidence, the defense can seek to suppress improperly obtained evidence.
- Using expert witnesses. Professionals such as psychologists or forensic experts can provide crucial testimony, explaining the effects of stress or trauma on memory or analyzing physical evidence to refute allegations.
- Negotiating plea deals. In cases where a full acquittal seems unlikely, negotiating for a lesser charge or reduced penalties can be a strategic choice, minimizing the defendant’s long-term consequences.
A skilled defense attorney will analyze the case from all angles, combining these strategies to build a robust defense. The goal of tailoring the approach to the specific facts and circumstances is to achieve the best possible resolution for the defendant.
A Strong Defense Against Domestic Violence Charges Starts with Law Office of Gregory H. Comings, APC
When you’re charged with domestic violence in California, the stakes are high. At the Law Office of Gregory H. Comings, APC we understand the nuances of misdemeanor vs. felony charges and are committed to providing an aggressive, strategic defense tailored to your situation:
- Deep local knowledge. With over 21 years of experience in California criminal defense, we have a proven track record of success in reducing or dismissing charges.
- Client-focused approach. Your side of the story matters. We’ll work closely with you to uncover the facts and build a defense that protects your future.
- Creative defense strategies. From exposing false allegations to negotiating reduced charges, we leave no avenue unexplored.
Contact us today for a confidential consultation.
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