Domestic Violence

Violent crimes as classified as Domestic Violence cases when the victims of the crime are spouses, boyfriend/girlfriend, people in dating relationships or cohabitants (Penal Code §243(e)(1)/273.5). The primary requirement is that the defendant and victim are in some type of romantic relationship. The prosecution has a wide range of charging discretion when determining whether to file a case as a misdemeanor or a felony. 

There are several factors which are used to determine whether the prosecutor will file misdemeanor or felony charges against a defendant.   The most important considerations are (1) the degree of injury to the victim, (2) defendant’s prior criminal record, (3) prior incidents both reported and unreported.

If an individual is convicted of a felony, the penalties will range from probation and jail to California State Prison commitment.  If the court grants probation, California law mandates completion of a 52-week batterer’s treatment program, community service and fines.

If an individual is convicted of a misdemeanor, the penalties will range from probation and jail not to exceed one year.  If the court grants probation, California law mandates completion of a 52-week batterer’s treatment program, community service and fines.