5 Situations Where Domestic Violence Is a Felony

California has several laws that address domestic violence. The exact charge filed depends on the relationship between the parties and the exact actions involved. Most people assume that domestic violence charges are always misdemeanors. However, some instances can make your crime a felony. A felony conviction for domestic violence will have more serious legal and collateral consequences.

A felony conviction can lead to years in state prison, heavy fines, protective orders, and the loss of important rights. It can also affect your employment opportunities, housing, and professional licenses. Whether a case becomes a felony depends on the injuries you caused, your criminal history, and the type of conduct. California law allows prosecutors to seek harsher penalties when the allegations are severe.

If you or a loved one faces domestic violence charges, you should understand how the cases work so you can defend them accordingly. The following are instances when domestic violence becomes a felony:

1. A Deadly Weapon Was Used to Commit the Crime

Domestic violence allegations become much more serious when you use a deadly weapon on the alleged victim. California law treats these cases seriously because they create a much higher risk of serious injury or death. Even if the victim suffers only minor injuries, the use of a weapon can lead to felony charges. A deadly weapon is not limited to a firearm. In California, nearly all kinds of objects can be deemed a deadly weapon depending on whether they can be utilized to injure others.

When determining the nature of your charges, the prosecution would assess the nature of the object used and the injuries sustained. Such objects include:

• Knives
• Guns
• Baseball bats
• Metal pipes
• Glass bottles
• Heavy tools
• Vehicles
• Hammers
• Screwdrivers
• Broken furniture

The circumstances of the incident can also affect the nature of your charges. For instance, using a kitchen knife for food preparation does not make it a deadly weapon. If, however, it has been alleged that it was used to menace another person, it becomes a deadly weapon. When a deadly weapon is involved, prosecutors file additional criminal charges.

If you assault a domestic partner with a deadly weapon, you can face charges under California Penal Code §245(a)(1). Also, the court can impose additional enhancements. These enhancements can significantly increase the length of the sentence. You may find it harder to get bail, or you may not be allowed to have bail at all in some cases. Moreover, being found guilty of a gun offense can influence your rights to own guns in the future. The evidence supporting such claims includes the following:

• Photographs of injuries or property damage
• Medical records
• Forensic testing
• Police reports
• Witness statements
• Surveillance video
• Police body camera footage

The mere possession of a weapon is not enough evidence to prove that a crime was committed. The prosecutor has to prove beyond a reasonable doubt that the object you used was a weapon to harm the alleged victim.

After serving your prison sentence and paying the fines, you can have a permanent criminal record. When the record appears on your background checks, it can affect your career and employment prospects. Since the use of a deadly weapon can enhance your domestic violence charge to a felony, your defense may focus on disputing the weapon's use. Your attorney can argue that you did not use the alleged weapon to commit the crime. This can help ensure that our offense remains a misdemeanor.

2. Domestic Violence Involves Other Serious Felony Crimes

Sometimes domestic violence is only one part of a much larger criminal case. An incident that begins as a domestic violence investigation can quickly escalate to other crimes. If the prosecutors believe that you committed the crimes during the same event, you can face multiple felony charges. Each charge is treated as a separate offense under California law. If there is sufficient evidence, the prosecution may pursue all applicable charges.

Common offenses that could elevate your domestic violence charge to a felony include:

Kidnapping

Under California Penal Code § 207, kidnapping involves using force to move another person a substantial distance away without their consent. The offense is a serious felony that can result in lengthy prison sentences. If you commit domestic violence during a kidnapping, the domestic violence charge will be a felony.

Criminal Threats

You could face charges under California Penal Code § 422 if you threaten to seriously injure or kill someone. To secure a conviction for his offense, the prosecution must prove that the victim feared for their safety. Domestic violence committed alongside criminal threats attracts felony charges.

False Imprisonment

False imprisonment occurs when someone unlawfully restrains or confines another person. If you commit this crime against a domestic partner or spouse, you can face felony domestic violence charges.

Sexual Assault

Domestic violence cases sometimes involve sexual offenses, such as sexual battery and rape. The presence of these offenses can make domestic violence a felony.

Arson

A crime of arson arises when you intentionally set fire to a home, vehicle, or other property. Committing arson during a domestic violence incident can elevate your offense to a felony.

Child Abuse – California Penal Code § 273a

California has strict laws that protect children under 18 years of age. If you place a child in danger while committing domestic violence, you will face felony domestic violence charges alongside child abuse.

Stalking

Under CPC § 646.9, you commit a crime of stalking when you follow, harass, or threaten an intimate partner. In this case, you can be charged with stalking alongside felony domestic violence.

Each offense has its own legal elements and penalties. For the prosecution to prove its case against the accused, all elements of all the charges must be proven beyond a reasonable doubt. If there are multiple felony charges, the potential prison term can rise sharply. The prosecution could also seek sentence enhancements.

Complex domestic violence cases often involve many forms of evidence. Investigators may collect:

• Cell phone records
• Text messages
• Emails
• Surveillance videos
• DNA evidence
• Medical records
• Digital communications
• Photographs of injuries
• Witness statements

Defense attorneys carefully review every piece of evidence before deciding to file your domestic violence case as a felony.

3. The Alleged Abuse Caused Great Bodily Injury

Domestic violence may be charged as a felony offense when you inflict great bodily injury on the victim. In California, "great bodily injury" refers to a significant injury. GBI does not include a minor injury, such as a bruise or a minor cut. Also, there is no requirement for the injury to be permanent. However, it must meet the legal definition of GBI. Common examples of injuries that can elevate your domestic violence to a felony include:

• Traumatic brain injuries
• Multiple fractures
• Permanent disfigurement
• Severe burns
• Internal bleeding
• Organ damage
• Long-term disability
• Serious spinal injuries
• Deep wounds that require surgery
• Loss of vision or hearing

When prosecutors believe great bodily injury occurred, they may seek a sentencing enhancement under California Penal Code § 12022.7. The enhancement can add several years to a prison sentence. The enhancement's penalties are added to the punishment for the domestic violence offense. That means a person could face much more prison time if the allegation is proven.

The prosecutor must prove that the victim suffered great bodily injury. They must also show that you personally caused the injury during the alleged crime. If they cannot prove these points, the enhancement should not apply. Doctors usually present the gravity of the injury through testimony. Medical records, medical reports, X-rays, CT scans, MRIs, and surgical records can be presented in court.

During your defense, you may present your own medical experts to dispute the extent or cause of the injuries. Your defense attorney may argue that the injuries are not as serious as claimed. They may also argue that the injuries happened in another way. In some cases, they may point to a pre-existing medical condition or an accident. Every case depends on its facts.

A common domestic violence offense that involves inflicting great bodily injury is corporal injury to a spouse. Under California Penal Code § 273, you commit this crime when you willfully inflict a physical injury on an intimate partner, and that injury results in a traumatic condition. To obtain a conviction, the prosecutor must prove the following elements:

• You willfully inflicted a physical injury.
• The alleged victim was a current, former spouse, cohabitant, or parent of your child.
• The injury resulted in a traumatic condition.
• Your actions caused the injury.

A violation of Penal Code § 273.5 is a wobbler offense. This means that the prosecution can choose to file felony or misdemeanor charges. If the prosecution proves that the injuries you caused qualify as GBI, they will charge you with a felony. A felony conviction for this offense can result in up to four years in prison and substantial fines.

4. A Protective or Restraining Order Was Violated

If you face a conviction for domestic violence, the court can issue a protective order against you. The order can be issued even when you face misdemeanor charges. California courts issue these orders to protect victims from further harm or unwanted contact. With the order, the court will set conditions that you must adhere to while it is active. These conditions may include:

• Avoiding all forms of contact with the victim
• Staying a certain distance away from the alleged victim
• Avoid continued violence

Domestic violence allegations can become much more serious if you violate the protective or restraining order. Violating a protective order is a criminal offense. If the alleged violation happens during a domestic violence incident, prosecutors may pursue felony charges. Felony domestic violence attracts more serious penalties. For example, if you go to the home of the protected person and can cause them harm, your domestic violence charge will be a felony.

In addition to the felony charges, the prosecution can charge you with violating a restraining order. California Penal Code §273.6, which makes it a crime to violate the terms of a restraining order intentionally. A violation of PC is a misdemeanor for a first offense. A conviction in this case will result in a one-year jail sentence and up to $1,000 in fines. If the violation results in physical injury, the penalties can become much harsher.

Forms of conduct that may violate a protective order include:

• Calling or texting the protected person.
• Going to their home or workplace.
• Sending messages through friends or family members.
• Following or monitoring the protected person.
• Threatening or harassing them.

The prosecution will have to demonstrate that you were aware of the protective order and deliberately breached it. If you were never served with the order, you can contend that you did not violate it. There are various pieces of evidence that prosecutors use to make these allegations. These pieces of evidence include:

• Copies of the protective order.
• Court records.
• Text messages and emails.
• Phone records.
• Surveillance footage.
• Social media posts.
• Witness statements.
• Police reports.
• Body camera recordings.

Sometimes the evidence clearly shows that a violation occurred. In other cases, the facts are disputed. The protected person may have contacted you first, or there may be misunderstandings about the events. Even if you communicated willingly, you could be charged with a violation if the order prohibited all contact.

In addition to elevating your charges to a felony, violating a protective order during a domestic violence case can lead to additional criminal charges. This means that you will face higher fines, longer jail or prison sentences, and stricter court orders. Because the consequences can be severe, you should hire and retain an experienced defense attorney.

5. The Defendant Has Prior Domestic Violence Convictions

Your criminal history can affect how the court handles a domestic violence case in California. For a first offense that does not cause serious harm to the victim, the prosecution will file misdemeanor charges against you. As a misdemeanor, domestic violence will have a maximum jail sentence of up to one year. Sometimes, you can negotiate with the court for a probation sentence instead of incarceration.

However, if you are a repeat offender with multiple prior convictions, you may face felony charges for domestic violence. Prosecutors and judges view prior convictions as a sign that you cannot be rehabilitated. California law allows prosecutors to seek harsher penalties when a defendant has certain prior domestic violence convictions. This allows you to serve your sentence through community service.

In most cases, the new crime can also be regarded as a felony rather than a misdemeanor. In cases where the new crime occurs within the time limit specified by law, filing it as a felony aims to reduce the recurrence of violence. When reviewing a case, prosecutors do not look only at the current allegations. Instead, they examine your criminal record. Prior offenses that can affect charges and sentencing recommendations include the following:

• Penal Code §273.5 - Corporal injury upon a spouse or cohabitant
• Penal Code §243(e)(1) - Domestic battery
• Penal Code §243(d) - Battery resulting in great bodily injury
• Penal Code §245 - Assault with a deadly weapon

Before accusing you of a felony based on previous convictions, they must provide proof of these previous convictions through valid evidence. The court can use certified copies of court records and other relevant documents. These are used to show that those previous convictions actually belonged to the defendant. If the court determines that there are prior convictions, there might be severe penalties for new convictions.

Repeat offenders are normally punished more severely compared to first-timers. The following may apply as penalties for repeat offenders:

• Longer state prison sentences
• Higher criminal fines
• Extended criminal protective orders
• Mandatory completion of a 52-week batterer's intervention program
• Formal probation with stricter conditions
• Additional sentencing enhancements when allowed by law

Having a prior conviction does not automatically mean that you are guilty of the current charge. Therefore, prosecutors cannot rely solely on your criminal history to secure a conviction. They must prove each element of the new offense beyond a reasonable doubt. To achieve the best results in such cases, because prior convictions can affect the outcome of a domestic violence case, it is highly recommended that you have an experienced lawyer on your side. An analysis of your situation may reveal errors in your case.

Find a Seasoned Criminal Lawyer Near Me

Felony domestic violence charges are among the most serious criminal offenses prosecuted in California. Many domestic violence cases begin as misdemeanors. However, certain circumstances can quickly lead to felony charges. You could face a felony domestic violence charge if your case involves serious injuries, prior convictions, or the use of a deadly weapon. Also, you can face these serious charges if your acts of domestic violence are a part of other serious charges.

There can be serious repercussions for having a felony charge on your record. Apart from prison time and fines, you will have a permanent record. With criminal records being open to public view, the felony charge can show up in your background checks.

If you have been arrested for felony domestic violence, you should hire and retain a seasoned criminal attorney. At Los Angeles Criminal Attorney, we will evaluate your case, protect your rights, and help you build a strong defense. Call us at 424-333-0943 from Los Angeles, CA, to discuss your case.