Is Domestic Battery a Misdemeanor or Felony in the State of California?
If anyone is to be convicted of a crime, they’re going to cross their fingers that it will be a misdemeanor instead of a felony. Misdemeanors, after all, result in less serious legal consequences than their felony counterparts.
But, of course, it isn’t up to the accused whether they will be charged with a misdemeanor or a felony. That’s the judge’s job. All that the accused can do in their power is to adequately tell their side of the story in the courtroom, get a good attorney to represent them, and hope for the best. Another thing they can do right now is educate themselves on the differences between a misdemeanor and a felony charge for domestic battery and prepare for the associated consequences.
Misdemeanor Domestic Battery Versus Felony Domestic Battery
In the state of California, a domestic battery misdemeanor is punishable by up to a year in county jail and a fine of no more than $2,000. Some people who are convicted may be charged with informal probation, which may involve jailtime. A domestic battery misdemeanor will remain on one’s record until the conviction is later cleared. Other times, it may not be cleared.
On the other hand, felony domestic battery charges can involve up to four years in state prison and a fine of no more than $4,000.
In some cases of domestic battery, they may be deemed a “wobbler,” which means the crime can be charged as either a misdemeanor or as a felony, but technically, it is considered both. It would be up to the judge to decide the extent of the punishment(s) that would be most appropriate in a wobbler crime.
Are You Being Falsely Accused? Or, Are You Getting a Felony When it Should Be a Misdemeanor?
Although most California judges play it fair, there’s always a chance that your accuser isn’t. Maybe they’ve completely falsely accused you of engaging in domestic battery when you never have. Or, maybe your accuser is lying to make your domestic battery incident look more severe than it actually was. Perhaps you’re being played dirty in the courtroom and being told that you may be charged with a felony or wobbler when you strongly believe you deserve a misdemeanor instead.
Either way, hiring a Domestic Violence attorney in Los Angeles, CA is critical. With a criminal defense Domestic Violence attorney, they can help defend your rights, properly present evidence supporting your side, and fight back any false accusations in the courtroom.
Just dial 310-342-8254 today to speak with Los Angeles Attorney, Lisa Mattern.