Blair Defense Criminal Lawyers | June 19, 2025 | Domestic Violence
Are you a defendant facing domestic abuse charges in California? You might be wondering whether this offense is charged as a felony or a misdemeanor and what that could mean for your future. In California, domestic abuse can be charged as either a misdemeanor or a felony, depending on the circumstances.
The classification is based on several factors, such as the details of the incident, the severity of injuries, and any past history of violence. Understanding which circumstances lead to each type of charge can help you prepare for what comes next and make informed decisions about your case.
Domestic Violence Misdemeanor Charge in California
You can be charged with a misdemeanor when you are accused of trying to injure an intimate partner. When there is no visible injury, you will be charged with domestic battery.
This offense can result in up to one year in jail and/or a fine of up to $2,000. Even as a first-time offender, you often have to serve at least 30 days in jail if convicted.
Potential Felony Offense: Inflicting Corporal Injury
If there is even a minor visible injury, the charge shifts to inflicting corporal injury on an intimate partner. The visible injury can be something as small as a scratch or a light bruise. This is considered a wobbler, meaning it can be prosecuted as either a misdemeanor or a felony depending on the circumstances.
Who Counts as an Intimate Partner?
When it comes to this domestic violence offense, California considers an “intimate partner” to be:
- A current or former spouse
- A fiancé
- Someone you share a child with
- A boyfriend or girlfriend, regardless of whether you live together
Understanding the circumstances in which you can be charged with domestic violence in California is essential.
Penalties for Felony Domestic Violence Charges in California
Felony domestic violence charges in California come with serious and lasting consequences. If you’re convicted of inflicting corporal injury on an intimate partner and the case is charged as a felony, you could face 2, 3, or 4 years in state prison, as well as fines of up to $6,000.
If you have prior convictions for offenses like corporal injury, assault, or battery within the past seven years, the penalties can increase even more. With these prior convictions, a new felony charge can lead to 2, 4, or 5 years in state prison and fines up to $10,000.
Legal Defenses to Felony Domestic Violence Charges in California
If you’re facing felony domestic violence charges in California, there are legal defenses that can be raised in your case. Here are some of the most common ones used:
Self-Defense or Defense of Others
You may have acted to protect yourself or someone else from immediate harm. If your actions were reasonable and necessary under the circumstances, this defense may apply.
False Accusation
Sadly, false claims do sometimes occur, especially during heated arguments or as relationships are ending. Pointing out inconsistencies and providing evidence that undermines the accusation can be an effective defense.
Lack of Intent
The law requires that you acted intentionally to cause harm. If the incident was genuinely accidental and you had no intention to hurt anyone, your attorney may argue that criminal charges are not appropriate.
No Physical Injury
If there is no evidence of a physical injury, your charge could be reduced from a felony to a misdemeanor. Felony domestic violence charges generally require proof of actual injury to the other person.
Contact a San Diego Criminal Defense Lawyer at Blair Defense Criminal Lawyers Today For Help
For more information, please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation. Give us a call at (619) 357-4977, or visit our convenient location:
Blair Defense Criminal Lawyers San Diego
225 Broadway Suite 1740
San Diego, CA 92101
(619) 357-4977
24/7
