Felony Domestic Violence Charge in San Diego

Although many domestic violence incidents in San Diego are misdemeanor in nature, inflicting physical injury upon a spouse, cohabitant, fellow parent or child can also be charged as a felony offense under California law. In most cases, an incident of domestic violence will only rise to the felony level if the victim sustains significant injuries or if the defendant has previous domestic violence convictions or other felony charges on his criminal record. Whatever the circumstances of the offense, felony domestic violence is a serious crime that can result in a prison sentence of up to four years, plus thousands of dollars in fines and other devastating legal consequences. If you are facing charges of felony domestic violence in San Diego, call (619) 430-2355 today to speak to the criminal defense attorneys at San Diego Domestic Violence Attorney, today. Having a qualified domestic violence lawyer argue your case can significantly improve your chances of having your charges reduced to a misdemeanor offense, or possibly even dropped altogether.

CA Domestic Violence Charges and Penalties

Domestic violence charges are among the most common offenses in the California criminal justice system, and under California law, there are several different Penal Code sections that can be applied to domestic violence cases. The Penal Code forms the basis for the application of criminal law in California, and attaches significant penalties to even the most insubstantial domestic violence offense, which is alarming, considering the fact that there are, on average, 700,000 false charges of domestic violence in the United States every year. The following are some of the most common felony domestic violence charges in San Diego, and the harsh punishments that typically accompany them:

California Penal Code § 273.5 PC

California Penal Code § 273.5 PC makes it illegal for a person to inflict corporal injury on a spouse, cohabitant or fellow parent resulting in a traumatic condition. Under this particular Penal Code, penalties resulting from a felony domestic violence conviction for what is referred to as “willful corporal injury to a spouse” may include up to four years in prison (with up to five additional years if the victim sustained great bodily injury) and/or a maximum fine of ten thousand dollars, if the conviction is within seven years of a CA Penal Code § 243(e)(1) domestic battery conviction. Additional punishments may include probation, a requirement to attend domestic violence batterers classes, community service, and more. Penal Code § 273.5 PC is a “wobbler” that can also be tried as a misdemeanor domestic violence offense, depending on the victim’s injuries and the defendant’s criminal history.

California Penal Code § 243(d) PC

Another possible charge stemming from a domestic violence incident involves California Penal Code § 243(d), or battery resulting in great bodily injury to the victim. Also known as aggravated battery, individuals charged with felony battery causing serious injury may face up to four years in county jail and/or a maximum fine of ten thousand dollars, plus a lifetime prohibition against gun ownership.

California Penal Code § 273(d) PC

In many domestic violence cases, child abuse or child endangerment also becomes a factor. In California, willfully inflicting upon a child physical punishment resulting in a traumatic condition is a felony offense pursuant to California Penal Code § 273(d), and is punishable by a maximum county jail sentence of six years (plus four additional years if the defendant has prior child abuse convictions) and up to six thousand dollars in fines.

Legal Consequences of a Felony Domestic Violence Conviction

In addition to serving time in jail and incurring significant fines, there are a number of other legal consequences possibly resulting from a felony domestic violence charge in San Diego. For example, if convicted of felony domestic violence under California Penal Code § 273.5 PC, the defendant would likely lose his or her ability to own or purchase firearms and may also face the risk of losing professional or occupation licenses, losing immigration status, suffering domestic violence restraining orders, and being required to pay restitution, among other penalties. Being that CA Penal Code § 273.5 is considered a “strike” offense, a felony conviction would result in the defendant having a strike on his or her record, which under California’s Three Strikes Sentencing Law, could be used to enhance subsequent felony convictions. The Three Strikes Law is designed to significantly increase the prison sentences of individuals convicted of a felony domestic violence offense who have been previously convicted of two or more violent crimes or serious felonies. For those convicted on false accusations of domestic violence, which happens more often than you might think, having a strike on your record can have a devastating impact on every aspect of your life.

Popular Defenses in Domestic Violence Cases

In many cases, a domestic violence incident arises from a brief spark of anger that gets out of hand, but a felony conviction resulting from such a situation carries lifelong personal, social and professional consequences. Fortunately, an attorney well-practiced in domestic violence defense may be able to get your charges dropped or reduced to a misdemeanor offense, depending on the circumstances of your case. Three common defense strategies you and your attorney can use to fight domestic violence charges in San Diego involve proving the following: that the alleged act of domestic violence was an accident; that you acted in self-defense or in defense of another person, such as a child; or that you were falsely accused by the so-called victim. Using California Penal Code § 273.5 as an example, more specific defenses to the charge of inflicting corporal injury on a spouse may include the following:

• Insufficient evidence to prove injury or the defendant’s state of mind
• Improper police procedure (illegal search and seizure, coerced confessions, etc.)
• Self-defense
• Defense of another person (including the victim)
• Necessity (necessary injury to prevent greater harm)
• Statute of limitations (three years in felony cases)
• Insanity
• Alibi
• Severe intoxication

If the victim in a domestic violence case doesn’t suffer any apparent physical injuries, the prosecution will likely reduce the charges to a misdemeanor domestic violence offense under California Penal Code § 243(e)(1), domestic battery, which involves any willful and unlawful touching that is harmful or offensive, and does not require that the victim sustain any injury, only that the defendant use “force” or “violence” against the victim. A misdemeanor domestic battery charge in San Diego carries a penalty of up to one year in county jail and a maximum fine of two thousand dollars, which is significantly lower than a felony corporal injury charge.

Free Domestic Violence Consultation in San Diego

Domestic violence charges are aggressively prosecuted in California courts, and in San Diego, a domestic violence conviction carries severe penalties that can follow you for the rest of your life. These penalties are intended as both a punishment for the incident at hand and as a deterrent against future crime, but they can have wide-reaching consequences, possibly preventing you from seeing your kids, living in your own home, or even pursuing certain career paths. The social consequences of such a conviction can be equally devastating; individuals convicted of felony domestic violence may lose the respect of their friends or find themselves shunned by loved ones, even if the charges against them are dropped or found to be unsubstantiated. Fortunately, with an experienced criminal defense attorney representing your case, you may be able to minimize the consequences of the charges brought against you, or avoid a conviction altogether. If you or a loved one has been charged with felony domestic violence in San Diego, call San Diego Domestic Violence Attorney, today at (619) 430-2355 for a free criminal defense consultation.