what is the max on domestic violence battery

UPDATED: Jun 10, 2009

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what is the max on domestic violence battery

Asked on June 10, 2009 under Criminal Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In California, domestic violence charges are classified as “wobblers”, which means they can be charged as either a felony or misdemeanor.

Usually this is determined by the seriousness of the injuries. Severe cuts and broken bones will almost always result in a felony charge. Prior acts of physical abuse by the person charged may also factor into the prosecutor’s decision to file it as a felony. Cases involving no injury or slight injury will be charged as misdemeanors.

The punishments for felony and misdemeanor charges are as follows:

  • Felony: If charged as a felony, the defendant could serve 2-4 years or more in the state prison and up to a $6,000 fine; 
  • Misdemeanor: If charged as a misdemeanor, the punishment is not more than 1 year in the county jail and up to a  $10,000 fine 

Also, the law requires that any domestic violence defendant complete a 52 week domestic violence program, involving a series of classes. Most likely there will also be a stay away order, which prohibits the defendant from having any contact with the alleged victim.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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