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Misdemeanor vs Felony Domestic Violence Charges in Los Angeles

Posted by Sam Israels | Apr 26, 2020

Under California law, domestic violence is generally defined as a physical assault against a current or former spouse, cohabitant, boyfriend, girlfriend, a person who has a child with the victim, or another type of relationship described under the domestic violence statute.

Domestic violence crimes, which include physical assaults like pushing, shoving, slapping, choking, and sexual assault, are serious offenses. They are essentially assault and battery or a sexual-related crime, and their severity should not be underestimated.

After anyone is arrested for a domestic violence crime, the case is frequently known as a California “wobbler.” This term refers to the prosecutor's discretion to file either misdemeanor or felony charges based on various factors and the defendant's criminal record. The decision on how to file the case is crucial as it significantly impacts the potential penalties and the overall outcome of the case.

In California, various domestic violence statutes describe different types of incidents. In Los Angeles, the most common case filed is a domestic battery under California Penal Code 243(e)(1), which is always a misdemeanor.

Another typical case is a corporal injury to a spouse under Penal Code 273.5 PC, a “wobbler " that can be filed as a misdemeanor or felony offense.

How the case is filed is significant for a defendant. This is due to the differences between misdemeanor and felony crime punishments in California.  It should be noted it's not uncommon for an initial filing of a felony domestic violence to be later reduced to a misdemeanor.

Anyone charged with domestic violence in Los Angeles needs to have a clear understanding of misdemeanor and felony offenses and how this crucial filing decision will impact the case as it proceeds through the court process.

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.

Our criminal defense lawyers have provided a review below to give readers more useful information about misdemeanor and felony Los Angeles domestic violence cases.

What's the Difference Between a Misdemeanor and a Felony?

A felony offense is the most severe crime in California. If convicted, a defendant could face imprisonment in a state prison, supervised probation, and potential loss of rights and privileges. The consequences of a felony conviction are significant and can have a lasting impact on a person's life, making it crucial to understand the implications of their actions.

The judge might also impose some jail time as a condition of felony probation. Further, a felony conviction carries harsh collateral consequences, such as a loss of gun rights and a potential loss of a professional license. These collateral consequences refer to the additional penalties or restrictions that a person may face as a result of a felony conviction beyond the direct legal penalties.

For undocumented immigrants, a felony conviction could carry immigration consequences, such as deportation or denial of citizenship.

By contrast, a misdemeanor offense only carries a penalty of up to one year in a Los Angeles County jail and a fine of up to $1,000. Most people convicted of a misdemeanor are placed on informal probation with no regular meeting with a probation officer.

However, the judge may impose some jail time as a condition of misdemeanor probation. Understanding this distinction can empower individuals to make informed decisions about their legal strategy.

Domestic Violence “Wobblers” in Los Angeles

As stated, some domestic violence charges are “wobblers” that can be filed as either a misdemeanor or felony crime. A prosecutor will normally consider various factors to make their decision, such as the circumstances of the case and the defendant's criminal record.

In some cases, the judge will reduce a felony domestic violence case to a misdemeanor. Often, there is a fine line between a misdemeanor and a felony.

To be found guilty of domestic violence, there must be some abuse against someone with whom they have had a relationship, but it doesn't always have to be a family member or a spouse.

California's domestic violence laws describe this crime as an act against a spouse, ex-spouse, co-habitant, roommate, people in a dating relationship, parent of the defendant's child, and more.

Numerous different factors determine how domestic violence crimes are filed and punished. These factors include the severity of the case, type of injuries, exact nature of the relationship, and the defendant's prior criminal history, among others. 

For instance, if the victim sustained visible injuries or the defendant has prior domestic violence cases, the prosecutor will typically file felony charges. If the victim suffered a serious or great bodily injury (CALCRIM 3160), the penalties could be enhanced.

Misdemeanor and Felony Domestic Violence Cases

California Penal Code 243(e)(1) domestic battery is probably the most common domestic violence charge in Los Angeles. This offense is described as a battery against a spouse, ex-spouse, cohabitant, parent, or someone the defendant dated. To be charged, there is no requirement for visible injuries, and domestic battery is always a misdemeanor crime.

California Penal Code 273.5, corporal injury to a spouse, is also a fairly common charge in Los Angeles. This offense is described as the infliction of a physical injury on a spouse, ex-spouse, cohabitant, etc. PC 273.5 is known as a California “wobbler,” in some cases, the prosecutor will file or reduce the charges to a misdemeanor if there are no severe injuries.

In many Los Angeles domestic violence cases, someone is arrested for the more severe charge of corporal injury to a spouse in violation of Penal Code 273.5. However, before their arraignment, the filing Deputy will examine all the details in the police report to decide precisely what charges to file.

If the victim sustained visible injuries or the defendant has prior domestic violence cases, the prosecutor will typically file felony charges. If the victim suffered a serious or great bodily injury (CALCRIM 3160), the penalties could be enhanced.

Criminal threats under California Penal Code 422 are defined as threatening another person with serious harm. PC 422 is another “wobbler” offense that can be charged as a misdemeanor or felony.

If convicted of PC 422 as a misdemeanor, the penalties include up to one year in county jail and a $1,000 fine. If convicted of criminal threats (CALCRIM 1300) as a felony, the penalties include up to four years in state prison and will be considered a “strike” under California's Three Strikes law.

Stalking under Penal Code 646.9 stalking is defined as repeated harassment or threats against someone to a level where they are in fear of their own safety, or immediate family. Stalking (CALCRIM 1301) is yet another “wobbler” offense. A misdemeanor conviction could result in up to one year in county jail, or up to three years in state prison if convicted for a felony crime.

California Penal Code 368(b) PC defines the serious crime of domestic violence against a disabled person or dependent adult. This category falls under the broader and equally serious issue of elder abuse.

Other Los Angeles domestic violence crimes include elder abuse under Penal Code 368, child abuse under Penal Code 273d, and aggravated trespassing under Penal Code 601.

What Factors Determine the Type of Domestic Violence Charge?

The Los Angeles County prosecutor reviews a wide range of different factors to decide whether to file a domestic violence case as either a misdemeanor or felony crime. One primary consideration is the severity of injuries suffered by the victim, which is a crucial factor in determining the seriousness of the case.

Also, they will examine any prior reports of abuse from the victim or others against the defendant. Another major factor is whether the defendant has prior domestic violence convictions.

If you have been accused of committing any domestic-related crime, contact our experienced Los Angeles domestic violence attorneys to examine the details and legal options.

Cron, Israels & Stark is a criminal defense law firm located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We also have an office at 401 Wilshire Blvd #1200, Santa Monica, CA 90401. 

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About the Author

Sam Israels

Sam J. Israels is a Law Firm partner with the Law Offices of Cron, Israels, & Stark. Mr. Israels received his J.D. degree from the Santa Clara University School of Law. Mr. Israels also previously worked at the Los Angeles Office of the City Attorney. He is admitted to practice law in the State o...

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