Is Domestic Violence a Felony Crime?
The initiation of a criminal case hinges on the report of a domestic violence incident to law enforcement. The pivotal decision to file charges is then in the hands of the District Attorney's Office (DA).
Sometimes, domestic violence can be filed as a felony offense based on different factors, but DV is generally charged as a misdemeanor.
The district attorney will file DV as a felony when the incident caused a significant injury, involved a deadly weapon, a child victim when there is a pattern of abuse, or there was a violation of a restraining order.
California's stringent laws on domestic violence underscore the potential for severe penalties for those convicted of such crimes.
When you are facing domestic violence charges in Los Angeles, a crucial factor is whether you will be charged with a misdemeanor or a felony.
Felony DV convictions carry more severe penalties than misdemeanors. For example, a felony domestic violence case might result in the judge imposing several years in prison.
Notably, most domestic abuse crimes in California are "wobblers" that can be filed as either misdemeanors or felonies, depending on various criteria.
Some DV offenses are more likely than others to be charged as felonies, but every case is based on the circumstances and the defendant's criminal record.
This means an experienced Los Angeles domestic violence defense attorney has a crucial role in the early stages of the case because of the motivating factor of getting the case dropped (prefiling DA reject) or charged as a misdemeanor.
A list of specific circumstances, such as the use of a deadly weapon or a pattern of abuse, can elevate a domestic violence offense to a felony. If these circumstances are absent, the offense will be prosecuted as a misdemeanor.
When police have trouble determining the identity of the primary aggressor, they often arrest the actual abuser along with the victim in a dual arrest.
What is Considered Domestic Violence?
California Penal Code 13700 PC generally defines domestic violence as abuse committed against an intimate partner.
Suppose someone intentionally or recklessly uses or threatens the use of physical force against an intimate partner. In that case, they have committed domestic violence. An intimate partner is defined as a:
- Current or former spouse,
- Domestic partner,
- Fiancé,
- Cohabitant,
- Person with whom the alleged perpetrator shares a child or
- Someone the alleged perpetrator has or has had a dating relationship with.
- Children and immediate or extended family members.
What Can Domestic Violence Defendants Be Charged With?
There are several possible criminal charges an alleged perpetrator can face that are related to battery, abuse, threats, and neglect. Some are misdemeanors, and others are felonies.
Penal Code 273.5 is a standard charge and often a felony. It is illegal for somebody to inflict corporal injury that results in even a slight physical injury to an intimate partner. A defendant can serve up to one year in county jail or four years in state prison.
Other possible charges are Penal Code 243(e)(1) PC domestic battery, Penal Code 591 PC damaging a telephone line, Penal Code 647(j)(4) PC revenge porn, and Penal Code 653.2 PC posting harmful information on the internet.
Penal Code 71(b) allows felony violations to be charged as misdemeanors, making them wobblers. Some factors considered when determining whether or not to charge someone with a misdemeanor are the circumstances of the offense, the level of injuries to the victim, and the defendant's criminal history.
First-time offenders can often have their charges converted to a misdemeanor as long as there are no aggravating factors, such as serious bodily injuries to the victim.
What are the Factors that Influence Felony Domestic Violence Charges?
The decision by the district attorney to charge domestic abuse as a misdemeanor or felony will depend on several factors, including the severity of the crime. Some specific criteria prosecutors look at include the following:
- A defendant's past criminal record can significantly impact the current proceedings. A record of similar DV offenses or a history of abusive behavior will result in more serious charges due to the perceived risk of recidivism.
- The level or extent of injury inflicted on the victim is crucial in how the rime is filed. DV cases involving severe bodily harm will be filed as a felony because of the increased jeopardy to the victim's well-being. In other words, if the victim suffered severe physical harm or a corporal injury, the DA will typically file felony charges against the alleged perpetrator.
- Use of a weapon during the commission of a domestic violence offense not only increases the potential for severe injuries but also indicates a higher level of premeditation or threat, which will elevate the case to a felony.
- California law provides additional protections for vulnerable people. DV offenses against children or the elderly are particularly egregious and are more likely to be filed as felony cases. Mainly if injury occurs.
- If a child witnessed the violence, then the DA may file a felony case.
- If the defendant violated a restraining or protective order to commit the violence, the prosecutor will often file felony charges.
What Are Some Examples of Domestic Violence Felonies?
Several domestic violence offenses are more likely than others to be charged as felonies in California. These include, but are not limited to:
Penal Code 273.5 PC - Corporal Injury on a Spouse or Cohabitant. This law makes it a crime to willfully inflict corporal injury resulting in a traumatic condition upon a spouse, cohabitant, or the parent of one's child. This offense is a wobbler, but it can be charged as a felony if the victim sustains a visible injury, the accused has a history of domestic violence, or a weapon was used during the incident.
Penal Code 368 PC - Elder Abuse. This law makes it a crime to inflict physical or emotional abuse, neglect, or financial exploitation on individuals aged 65 or older. This crime can be filed as a felony if the victim suffers significant physical injury or emotional trauma, the abuse involves the use of a weapon or other dangerous means, or the accused has prior convictions for similar offenses or a history of abuse.
Penal Code 273d PC - Child Abuse. This law makes it a crime to inflict cruel or inhuman corporal punishment on a child. This offense is typically charged as a felony if the abuse causes bodily injury and the accused has a prior history of child abuse.
Penal Code 273a PC - Child Endangerment. This crime involves causing or permitting a child to suffer unjustifiable physical pain or mental suffering. Child endangerment can be charged as a felony when the actions place the child at significant risk of harm or death, there is evidence of severe physical or emotional trauma, or the accused has a history of similar offenses or violent behavior.
Penal Code 422 PC - Criminal Threats. This crime occurs when someone threatens to commit a crime that will result in death or great bodily injury to another person, causing them to be in sustained fear for their safety or their family's safety. This crime can be charged as a felony if the threat is specific and the accused has a history of violence or prior criminal threats.
Penal Code 646.9 PC - Stalking. This crime involves repeatedly following, harassing, or threatening somebody to the extent that they fear for their safety. This offense can be charged as a felony if the stalking includes credible threats of violence, the accused has prior stalking convictions or restraining orders against them, or the victim is particularly vulnerable (minor or elderly person).
Penal Code 601 PC - Aggravated Trespassing. This law defines aggravated felony trespass as threatening to injure someone physically and then entering that person's home or workplace without permission within 30 days after the threat. This offense is more severe than misdemeanor trespass in Penal Code 602 PC.
What are the Felony DV Penalties?
A felony domestic violence conviction can result in a sentence of more than one year in prison. Still, every case has various fines, jail or prison sentences, and sentencing enhancements.
The most common felony domestic violence is corporal injury, defined under Penal Code 273.5, which carries the following DV penalties:
- Up to a $6,000 fine and
- Two, three, or four years in state prison.
Other possible penalties for a felony domestic violence conviction include the following;
- Formal felony probation.
- Payment of restitution to the victim.
- Successful completion of a domestic violence batterer's program.
- Completion of a substance abuse program.
- A permanent criminal record.
- Loss of the right to own or possess a gun.
- Negative immigration consequences for non-citizens.
- A 10-year criminal protective order limiting contact with the victim or minor children.
- Victims of criminal domestic violence often seek a restraining order from the court.
- Loss of child custody rights.
- Presumption the perpetrator is not entitled to receive spousal support from the victim in a dissolution of marriage proceeding.
California Family Code 3044 defines the presumption against people who have either been convicted or have been found to have perpetrated domestic violence and the impact that has on child custody.
The presumption is rebuttable, meaning that the perpetrators can present evidence to show why they should be allowed to have sole or joint legal or physical custody of a minor child even after a finding of domestic violence. The court must weigh the evidence in the child's best interest.
Some possible sentencing enhancements include the following:
- An additional and consecutive sentence of three, four, or five years in prison if the domestic violence caused a great bodily injury.
- Fines of up to $10,000 and two, four, or five years in prison if the defendant has a prior conviction for certain domestic violence offenses in the past seven years.
If you have been accused of domestic violence in Los Angeles, our California criminal defense lawyers can employ some common strategies to obtain the best possible outcome. Contact our law firm for a free case review. Cron, Israels & Stark is Based in Los Angeles, CA.
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