The California legal system considers domestic violence as a “wobbler” offense. This means that the prosecutor has the option of choosing whether to file misdemeanor domestic violence charges or felony domestic violence charges. Regardless of what type of domestic violence you are charged with, the consequences can be serious.
If you or a loved one has been charged with domestic violence, it is important that you immediately consult an experienced criminal defense lawyer.
Punishment for Domestic Violence
Under California law, a domestic violence conviction may result in serious fines and punishments. While the only mandatory penalty for a domestic violence conviction is the completion of a 52-week mandatory batter’s program, which meets one session per week for a minimum of two hours, the judge has discretion to enhance the sentence depending on the facts of the case.
The punishments for a felony domestic violence conviction are the same as the punishments for a misdemeanor domestic violence conviction, just enhanced. However, one penalty that is unique to felony charges is a “strike” on your criminal record. Under California law, if you accumulate three strikes (which are given for violent felonies), you will automatically be sentenced to 25 years to life in prison. As such a felony domestic violence conviction, can result in a life prison if it is your third strike.
Contact an Experienced Domestic Violence Defense Attorney
To learn more about the penalties and punishments associated with domestic violence charges, you should consult an experienced domestic violence criminal defense attorney. Your attorney can review your charges and advise you of your right and discuss possible defense strategies that may be effective in fighting the charges.
For more information or to schedule a complimentary consultation with one of our criminal defense attorneys, please call us at (800) 209-9808 or complete our online form.