Domestic Violence Crimes and Misdemeanors Punishments often increase when the victim suffers serious bodily injury as a result of the defendant's conduct. The prosecutor can file bodily injury charges against a spouse under California Penal Code Section 273, 5, as a felony or a misdemeanor. The answer is that it certainly can be. Under certain circumstances, domestic violence can be a serious crime in California.
Domestic abuse is a serious crime in California, as it is in many other jurisdictions. Law enforcement is more likely than ever to be involved in domestic conflicts, which were once considered a private matter between a couple or that were handled within a family. Domestic violence charges are often prosecuted as misdemeanors. However, they can be prosecuted as a felony in some circumstances.
As an initial matter, it's important to understand what domestic violence is and when it can be charged in California. Therefore, before pleading guilty, it is essential that a non-citizen consult with an experienced California domestic violence lawyer. California Penal Code §13700 defines domestic violence as abuse against a specific category of person. The classification of a criminal charge as a domestic violence crime will affect the penalties that could be imposed.
There is a minimum of 3 years of probation as a state requirement in all cases of serious domestic violence. California Penal Code Section 273.5 pc2, which is the most commonly charged domestic violence-related charge, deals with bodily injury to a person who is or was once the defendant's intimate partner. There are three different charges brought against people who are involved in domestic violence. But a judge will definitely decide that there was domestic violence if one parent was convicted of a domestic violence crime against the other parent within the previous five years.
Fifth, if a person uses force to perpetrate domestic violence that is likely to result in serious physical injury, the prosecutor may choose to prosecute the act as a felony. Fourth, if a person commits domestic violence that causes serious bodily injury, they can be charged as a felony. Unfortunately, for the reasons set out below, there is no way to recover lost gun rights after a domestic violence conviction. Most California counties impose a 30-day minimum jail sentence for a domestic violence conviction.
In addition, in some situations, the prosecution may bring felony domestic violence charges against an individual and, with the help of an experienced domestic violence lawyer, the prosecution may agree to reduce the charge to a domestic violence misdemeanor. California law allows a victim of domestic violence to seek an emergency restraining order (also known as an “emergency protective order”). In addition, the severity of a victim's injuries influences how a domestic violence case is prosecuted in California. She is a proud member of the California Criminal Justice Attorneys, the California DUI Bar Association & of the National DUI Defense College.
