Los Angeles Domestic Violence Lawyers 

Defending Clients Facing Domestic Violence Charges in California

California law enforcement and prosecutors don't take allegations of domestic violence (DV) lightly. Whether by training or human nature, they are often predisposed to believing the accuser's side of the story. Court dockets are full of cases against people wrongfully accused of domestic abuse, and many alleged abusers have had their reputations damaged by false accusations.

At The Law Office of Stein & Markus, we provide strong defenses for clients accused of domestic abuse in Southern California. Our Bellflower attorneys have over 75 years of combined experience on criminal cases' defense and prosecution sides, including hundreds of DV matters. Our goal is to guide you through the legal process, always be there to answer questions, and do everything we can to obtain positive results for you.

What is Domestic Violence?

California law defines "domestic violence" as the abuse of an intimate partner. A person commits "abuse" through either reckless or intentional use/threats of force against their intimate partner.

An "intimate partner" means a current or former spouse, registered domestic partner, fiancé(e), or cohabitant. It also means someone with a child with the accused or anyone they are currently dating/previously dated seriously.

Other people—such as children, brothers, sisters, grandparents, and other relatives—can also be victims of DV, though under the California Family Code rather than the criminal law. This is important in cases involving custody disputes.

Call Stein & Markus today at (562) 512-7030 or contact us online to schedule a meeting with our domestic violence attorney in Los Angeles!

What are the Penalties for Domestic Violence in California?

California imposes severe penalties for domestic violence offenses, reflecting the state's commitment to protecting victims and ensuring accountability for perpetrators. If convicted, individuals may face the following consequences:

Mandatory Jail Time

• Convicted domestic violence offenders can expect a minimum jail sentence, typically around thirty days, depending on the severity of the incident and the county.
• Even for first-time offenders facing misdemeanor charges, this minimum jail sentence applies.

Victim Restitution and Domestic Violence Funding:

• Convicted individuals may be required to pay restitution to the accuser, covering expenses such as medical bills, mental health counseling, property damage, or lost wages.
• A mandatory $500 fee may be imposed to fund California domestic violence programs, irrespective of the restitution costs.

Enrollment into a Batterers' Program

• California judges often mandate attendance in a "batterers' program" for those convicted of domestic violence aimed at treatment and counseling.
• The program typically lasts one year, even if the sentence is probation instead of jail time.

A Criminal Record—Often Permanent

• A domestic violence conviction leaves a lasting mark on the criminal record, impacting background checks for employment, state licensing, and housing.
• The effects are long-term and can persist unless the domestic violence charge is expunged.

Termination of Custody Rights, If Relevant

• A domestic violence conviction can result in the loss of custody rights, even if the child was not directly involved.
• Convicted domestic abusers in California often have limited or no custody rights, possibly restricted to visitation.

Loss of Firearm Rights

• Conviction of a domestic violence-related charge leads to the permanent loss of gun rights, preventing the purchase or possession of firearms in California and beyond.
• Federal law dictates the loss of gun rights even for misdemeanor convictions, with no possibility of reinstatement.

Is Domestic Violence a Felony in California?

Unfortunately, the answer to this common question isn't the most straightforward. Essentially, in the state of California, some forms of domestic violence will be considered misdemeanors, while others will be deemed felonies. Many cases of domestic violence will be treated as "wobbler" situations—this means that the judge will be able to determine whether or not the conviction is a misdemeanor or a felony, depending on the details of the situation.

If aggravating factors are involved in the accusation, then the conviction will almost always be a felony. For instance, if there is a visible, severe injury to the accused individual, this will be deemed an aggravating factor. Or, if the accusations include threats involving a deadly weapon, this will also be deemed an aggravating factor.

Alternatively, the conviction can be a misdemeanor if the accuser doesn't sustain any significant injury. Nonetheless, even a misdemeanor charge of domestic violence can result in serious repercussions; it is still essential that you fight these charges for the sake of your future.

• Corporal Injury on a Spouse or Cohabitant: This is the most frequently charged domestic violence offense in California. "Corporal injury" is another term for "bodily injury". It is illegal to inflict even slight physical injury on an intimate partner. This crime is a felony with possible penalties for a first offense ranging from a year in county jail to four years in state prison, plus fines up to $6,000.
• Domestic Battery: Inflicting force or violence on an intimate partner is a misdemeanor known as domestic battery. This charge can be filed even if the victim has no visible injury, which is the big difference between this law and the corporal injury law above. Penalties include fines up to $2,000 and/or a year in jail.
• Criminal Threats: If an intimate partner alleges that you threatened him or her, you can be charged with making criminal threats. This can be either a misdemeanor or a felony, depending on the circumstances.
• Child Abuse: Corporal punishment of a child is a crime in California, except for reasonable spankings. Cruel punishments or cause injury are punished by one to three years in jail.

COULD I RECEIVE PROBATION RATHER THAN JAIL TIME IF I’M ACCUSED OF Domestic Violence?

If you’re accused of domestic violence in California, it is possible to receive probation rather than a jail sentence. Generally, this will only be the case in less severe instances. For example, this could be the case if it’s the accused’s first offense and the accuser has only sustained minor injuries. Further, if the accused receives a misdemeanor conviction, they are more likely to receive probation than someone convicted of felony domestic abuse.

Even in these instances, if the probation terms aren’t followed, the accused could still be sent to prison. In addition, rather than settle for probation over jail time, it’s still important to fight the conviction in the first place. All domestic violence convictions, whether they’re misdemeanors or felonies, can wreak havoc on an individual’s day-to-day life and opportunities. 

Contact Stein & Markus about your domestic violence case today!