In California, a domestic violence charge can be filed as a misdemeanor or a felony. Several of the state’s most common domestic violence statutes are “wobblers,” meaning prosecutors have discretion to charge them either way.
When a wobbler is involved, prosecutors weigh several factors in deciding how to charge the case, including:
- The severity of the alleged injury
- Whether a weapon was used
- The defendant’s criminal history, including prior domestic violence convictions
- Whether children witnessed the incident
- The overall circumstances surrounding the alleged offense
The misdemeanor-versus-felony distinction can mean the difference between a year in county jail and years in state prison. Working with an experienced domestic violence attorney in San Diego is important.
The Key Domestic Violence Charges
Whether a DV charge is a misdemeanor or felony often depends on whether the alleged victim suffered a visible or diagnosable injury.
Domestic battery (Penal Code § 243(e)(1)) applies when there is unlawful, offensive touching of an intimate partner, without any resulting injury. This charge is always a misdemeanor, regardless of the circumstances.
Corporal injury to a spouse or cohabitant (Penal Code § 273.5) applies when someone willfully inflicts a physical injury on a current or former spouse, cohabitant, co-parent, or dating partner. The injury must result in a “traumatic condition,” which can be as minor as a bruise or scratch. Since an injury is involved, this charge is a wobbler that can be filed as either a misdemeanor or a felony.
Penalties for a Misdemeanor and Felony Conviction
A misdemeanor conviction under Section 273.5 can carry steep penalties:
- Up to one year in county jail
- A fine of up to $6,000
- Summary (informal) probation, typically for one to two years, or longer under a wobbler conviction
- Mandatory completion of a 52-week batterer’s intervention program
- A criminal protective order, which can bar contact with the alleged victim
When the same conduct is charged as a felony, the consequences increase substantially:
- Two, three, or four years in state prison
- A fine of up to $6,000
- Formal probation, typically three to five years, if probation is granted instead of prison
- The same mandatory batterer’s intervention program and protective order requirements
A prior domestic violence conviction within the past seven years can push the penalties even higher, including an increased fine of up to $10,000.
Consequences Beyond Jail or Prison
Whether charged as a misdemeanor or a felony, a domestic violence conviction carries lasting consequences beyond the formal penalties. Both levels result in a lifetime federal firearm prohibition. Both can affect immigration status, child custody proceedings, and professional licensing. A felony conviction creates a permanent felony record and can mean the loss of certain civil rights.
In many wobbler cases, a felony charge can be reduced to a misdemeanor through negotiation or under Penal Code § 17(b) (particularly after successfully completing probation). Valid defenses, including self-defense or a false witness, can also influence the outcome.
If you are facing a domestic violence charge in San Diego, you should consult an experienced domestic violence lawyer for help protecting your rights and defending you from the worst consequences of a conviction. Contact George H. Ramos, Jr. & Associates for a confidential consultation with our San Diego defense lawyer.