Felony vs. Misdemeanor Domestic Violence in California

In the California criminal code, some crimes, such as murder, are always felonies. Others, like public intoxication, are always misdemeanors. But some crimes can be either misdemeanors or felonies depending on the circumstances. California lawyers call these crimes “wobblers” because they can fall on either side of the felony/misdemeanor line. 

In California, some domestic violence crimes are misdemeanors and others are wobblers. But when is domestic violence charged as a misdemeanor versus a felony? What makes the difference? 

This article outlines the various domestic violence crimes in the California Penal Code. It also discusses when these crimes are charged as misdemeanors or felonies and the factors that prosecutors use to make that decision. Finally, it explains how a Marin County domestic violence defense attorney can help. 

Domestic Battery: A Misdemeanor 

California Penal Code § 242 defines battery as “any willful and unlawful use of force or violence upon the person of another.” A person acts willfully when they do something on purpose. However, “force” isn’t limited to vicious punches or kicks. Even slight contact can be enough if it is done in a rude or angry way. Also, the touching does not have to cause pain or injury of any kind. In fact, the batterer doesn’t need to make direct contact with the victim. For example, knocking a plate out of someone’s hand or using an object to touch them will also suffice. 

However, there are different versions of battery. California Penal Code § 243(e)(1) says that domestic battery occurs when the defendant: 

• Willfully touches
• A person who is their:
  • a current or former spouse, fiancée, fiancé, or cohabitating romantic partner,
  • the other parent of the batterer’s child, or
  • a current or former dating or romantic partner.

A person who does these things can be sentenced to up to one year in county jail and ordered to pay a fine of up to $2000. This makes domestic battery a misdemeanor under California law. 

Corporal Injury: Another California Domestic Violence Law

In Latin, “corpus” means “body.” So, corporal injury is injury to the body. 

Under California Penal Code §273.5, a person commits corporal injury when they:

• Willfully inflict a physical injury, 
• Upon a person who is their:
  • a current or former spouse, fiancée, fiancé, or cohabitating romantic partner,
  • the other parent of the batterer’s child, or
  • a current or former dating or romantic partner, and 
• The injury resulted in a traumatic condition.

The law defines “traumatic condition” as any condition of the body caused by physical force. The definition includes wounds and both internal and external injuries. Unlike domestic battery, there must be an injury. However, California courts have repeatedly stated that even minor injuries such as bruises qualify as traumatic conditions under this section. 

Corporal Injury: A Domestic Violence “Wobbler” 

While domestic battery is always a misdemeanor, corporal injury can be a felony or a misdemeanor. The decision to charge the conduct as a felony or a misdemeanor is up to the District Attorney. 

Prosecutors consider several factors when deciding how corporal injury should be charged. These include: 

• The severity of the injury. Again, corporal injury covers both minor and severe injuries. Generally, minor injuries like small scrapes and bruises will be charged as misdemeanors, while major injuries such as broken bones will lead to felony charges. 

• Criminal history. Prosecutors are more likely to consider felony charges when a person has prior domestic violence convictions.  

• The circumstances of the crime. The prosecutor will look at the surrounding circumstances of the incident, such as:
  • Whether children were present 
  • Whether weapons were present or used 
  • Whether there was a criminal protective order in effect at the time of the event 

Penalties and Consequences for Corporal Injury: Felony vs. Misdemeanor 

The punishment for corporal injury changes greatly depending on whether the crime is charged as a felony or a misdemeanor. Here are some of the key differences: 

Jail time. Felony corporal injury can be punished by two, three, or four years in state prison. The maximum jail time for the misdemeanor version is one year.

Probation eligibility. Both felony and misdemeanor corporal injury are eligible for probation. However, misdemeanor cases are eligible for informal probation, while felony cases must participate in formal probation. During probation, people convicted of either version of corporal injury must participate in the 52-Week Batterer Intervention Program. 

Protective orders. A conviction for corporal injury of either type can lead to a mandatory criminal protective order, though they are usually stricter in felony cases. 

Other consequences. Whether felony or misdemeanor, a corporal injury conviction carries many collateral consequences. These include loss of firearm ownership privileges, immigration consequences, and more. Notably, under California law, awarding custody to a parent who has committed or been convicted of corporal injury or domestic battery is considered to be against the child’s best interest. 

Ways to Reduce a Felony Domestic Violence Charge in California

If you are charged with felony corporal injury, remember, it is a “wobbler.” That means your domestic violence defense attorney can argue that the circumstances do not meet the criteria for moving the crime from a felony to a misdemeanor. They can challenge the evidence by arguing that the injury was actually minor. They can also argue factors such as your criminal record in your favor. 

How to Defend Yourself Against a Felony or Misdemeanor Domestic Violence Charge

For both felonies and misdemeanors, your Marin County criminal defense attorney can help you fight the charges by arguing that: 

• You did not act willfully
• You acted in self-defense 
• You were not in a romantic relationship with the alleged victim
• The evidence does not show injury 
• The evidence does not show contact

If these tactics do not work to get the charge thrown out, they may succeed in helping you get a favorable plea agreement. Your Marin County defense attorney can tell you more about the options in your case. 

Hire a Marin County Domestic Violence Defense Attorney to Fight Your Felony or Misdemeanor Domestic Charge

A domestic violence conviction can change your life forever. However, with the right lawyer by your side, you can still get a positive outcome. If you or a loved one needs legal representation in a felony or misdemeanor domestic violence case, contact Brownstein Law Group. Our team is committed to fighting as hard as possible for every single client. To learn more about how we can fight for you and your family, schedule a consultation by calling 415-795-9059 or using our online form.