Domestic Violence Penalties in California
There are a range of penalties for charges related to a domestic violence offense. Some charges could be filed as a misdemeanor and result in up to a year in county jail. In contrast, others are felony offenses, and the penalties can be far more extensive, including a long period in state prison.
Our domestic violence defense attorneys have provided basic information about the types of charges and potential penalties that could be imposed in a conviction.
If you are accused, the most important thing is to have defense counsel represent you and ensure that your lawyer is highly skilled and experienced in criminal court.
Our firm is AV® rated by Martindale-Hubbell®, or preeminent in criminal law. We are trial lawyers and are highly respected in the legal community.
We know what to do if you are facing any level of charges related to domestic violence, including child abuse, child endangerment, criminal threats, first domestic violence, intimidation, spousal abuse, stalking, or other offenses. Sometimes, domestic violence can be filed as a felony based on different factors.
In 2020, California lawmakers passed a bill (SB 273) that extends the statute of limitations for domestic violence to five years.
How the Courts Impose Penalties
Our state has a highly structured method of sentencing in all domestic violence cases. Some charges will not allow for probation, such as a case when a person is convicted of attempted murder – you will have to serve time.
The classification of a criminal charge as a crime of domestic violence will impact the penalties that could be imposed.
Most people facing charges are most concerned about the amount of time spent in custody. Still, there are many other ramifications, including a compromised criminal record and the inability to own a firearm in some cases.
A felony domestic violence offense can lead to up to 5 years in state prison.
Probation could also be as long as five years. There is a minimum of 3 years of probation as a state requirement in all cases of felony domestic violence.
Any probation violation will create another legal situation and could mean you serve the whole term you avoided by getting probation, with added time for the violation.
Sentencing for Domestic Violence Offenses
Under the CA Penal Code § 273.5, the penalties for spousal abuse can include punishment in state prison for 2, 3, or 4 years or in-country jail for not more than one year, as well as a fine as high as $6,000 or both.
A person who has a prior conviction for this offense within the past seven years will face further years of imprisonment (longer term) and fines as high as $10,000.
For a case of child abuse, the penalties imposed will vary, as this offense can be filed as either a misdemeanor or a felony.
A misdemeanor can result in up to 1 year in county jail, but a felony conviction can result in 2 – 6 years in state prison and longer sentences for those with a prior conviction on record.
These offenses are also considered “three strikes” offenses, and a third act of child abuse that leads to a conviction can mean 25 years to life in state prison. Child endangerment is considered a form of child abuse and could also lead to extensive penalties, including jail or prison time, fines, as well as the loss of custody of your children.
A case of child abuse that causes major injury now allows for up to life in prison as a penalty. This change in law came into effect in 2010 to punish caregivers who abuse children and cause them permanent injuries. Contact us to discuss your case, the potential penalties, and what defense strategy could be employed.