In many cases, domestic violence is charged as a misdemeanor and does not result in jail time. However, there are situations in which it is charged as a felony. Learn about examples of those situations and then contact a domestic violence attorney in Mission Viejo CA to get help.
The five situations that can lead to felony domestic violence charges
The five main situations that are likely to lead to felony charges include:
- Inflicting corporal injury in a traumatic way
- Committing domestic violence with certain battery convictions within seven years
- Committing domestic violence with a domestic battery conviction within seven years
- Committing domestic violence and causing serious bodily injury
- Committing domestic violence with force that is likely to result in serious bodily injury
Understanding what domestic violence is
When you talk to a domestic violence attorney in Mission Viejo CA, we can go over the specifics of what domestic violence is. Put simply, it is a crime involving a specific connection, and the accused and the victim must have had a prior relationship.
The victim must have been a husband or former spouse, cohabitant or former cohabitant, fiancé or fiancée, someone with whom the accused has or formerly had an engagement or dating connection, or the mother or father of the accused’s child.
A domestic violence attorney in Mission Viejo CA can often help reduce charges to misdemeanors
Domestic abuse is classed as a wobbler in California, which means it can be prosecuted as a felony or a misdemeanor. The following are factors that a prosecutor considers when considering whether to pursue a felony or a misdemeanor charge: the severity of the victim’s injuries, the details of the case, and the accused’s previous criminal history are all factors to consider.
Potential consequences for domestic violence
Domestic violence convictions carry the following penalties: State prison for two, three, or four years, or a year in county jail and a $6,000 fine. Your domestic violence attorney in Mission Viejo CA can find the best defense options including showing that the charges are false or fabricated, whether in self-defense or in defense of others, whether by accident or error.
If you are facing domestic violence charges, we invite you to contact Simmons Wagner, LLP at (949) 439-5857 to request a free legal consultation.