Felony vs Misdemeanor Domestic Violence in Los Angeles
If you have been arrested for domestic violence in Los Angeles, California, or elsewhere in the State of California, you should be aware that the prosecution can either charge you with misdemeanor domestic violence or felony domestic violence. The difference between felony domestic violence and misdemeanor domestic violence is important to know because a person convicted of felony domestic violence is punished much more harshly than an individual charged with and convicted of misdemeanor domestic violence.
Also, in some situations, the prosecution may bring felony domestic violence charges against an individual, and with the help of an experienced Domestic Violence Attorney, the prosecution may agree to reduce the charge to misdemeanor domestic violence. Read below for more information on Misdemeanor domestic violence vs felony domestic violence.
If you have been charged with domestic violence anywhere in California, please contact an experienced Los Angeles Domestic Violence Attorney at The H Law Group to represent you, we have the knowledge and experience to achieve the best possible results for you.
Difference Between Felony Domestic Violence and Misdemeanor Domestic Violence
There are three different charges that are brought against individuals who are involved in domestic violence. The most often charges statute for those involved in domestic violence is California Penal Code (CPC) Section 243(e)(1). This section makes it a crime for an individual to commit domestic violence or domestic battery against the person’s wife, girlfriend, former spouse, cohabitant, or partner.
Section 243(e)(1) PC is a misdemeanor charge. This charge is usually brought against an individual who commits domestic violence that involves touching but does not involve causing an injury to the victim. For example, if you and your wife or girlfriend are having an argument, and you shove her out of your way, you may be charged with violating PC 243(e)(1).
For other cases that involve causing an injury to your spouse, wife, or girlfriend, the prosecution has the option to charge an individual with a misdemeanor or felony corporal injury to a spouse under California Penal Code (CPC) Section 273.5 PC. Usually, if the defendant committed a battery against his wife, causing a small injury, the prosecution will likely charge that individual with a misdemeanor charge of corporal injury to spouse under CPC 273.5 PC.
However, if a husband commits a battery against his spouse and ends up causing his spouse or girlfriend great bodily injury, such as broken bones, bruises, or fractures, the prosecution will typically bring felony corporal injury to a spouse charges against the defendant under CPC Section 273.5.
If you’re in the unfortunate situation of being charged of domestic violence, you should immediately contact an experienced Domestic Violence Attorney to defend you and fight for you. Being convicted of either a felony or misdemeanor domestic violence can have a great negative impact on your future, so to avoid as many of the consequences as possible, you need to be represented by an experienced Domestic Violence Lawyer, such as the ones at The H Law Group. The H Law Group is a domestic violence law firm that represents cases throughout the State of California. The areas we represent clients include, but are not limited to the following: Los Angeles, San Diego, Santa Clara, San Jose, and Riverside.
A good Domestic Violence Defense Attorney will be able to have a felony domestic violence charge reduced into a misdemeanor charge. Being convicted of a misdemeanor, although bad, is much better than being convicted of a felony domestic violence charge.
Misdemeanor charges are ones that are usually punished with one year or less of the county jail, whereas felonies convictions usually involves a lengthier imprisonment in a California State Prison, which is a much harsher place to be than county jail.
There is a very thin line between and individual being charged with and convicted of misdemeanor vs felony domestic violence. So, you definitely need an excellent domestic violence attorney to represent you to ensure that you achieve the best possible results.
Felony Domestic Violence vs Misdemeanor Domestic Violence Penalties
If the prosecution convicts an individual of violating California Penal Code Section 273.5, an individual faces the following consequences. A Misdemeanor conviction of this statute carries a maximum of one year in county jail, as well as a fine of up to $6000.
A felony conviction carries two, three, or four years in California State Prison, as well as a fine of up to $6000. If an individual has a conviction for corporal injury to spouse, domestic violence, or domestic battery within the past seven years, he can be sent to jail or prison for a longer period of time, and a fine of up to $10,000.
If the prosecution convicts an individual of domestic violence (domestic battery) under California Penal Code Section 243(e)(1), an individual faces a maximum jail sentence of one year in county jail, as well as a fine of up to $2000.
Regardless of the criminal statute you’re accused of violating, one thing is certain: you should hire the best domestic violence attorney you can find to defend you. The domestic violence attorneys at The H Law Group have assisted countless clients with the domestic violence charges against them, so they have the knowledge and experience to achieve the best possible results for you.
Los Angeles Domestic Violence Attorney
If you or a loved one has been charged with or arrested for committing domestic violence, you should immediately contact Los Angeles Domestic Violence Attorney at The H Law Group. Our Domestic Violence Lawyers have the knowledge and experience to fight for you and defend you in court. At the start of each and every case that we handle, a domestic violence lawyer looks over the facts of the case to identify any weaknesses and look for the possibility of a dismissal.
That said, if an attorney does not find cause for dismissal, he will do all that he can to negotiate the best plea deal possible for you. So, rest assured that your future is in great hands. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.