What Is Considered Felony Domestic Battery In California?

There are a number of laws that relate to domestic violence in California. The use of the word battery implies that the use of force was applied against a certain category of person—typically a spouse, former spouse, girlfriend, boyfriend, or ex-girl/boyfriend, —and that the force resulted in physical contact with that person.

Is 273.5 A Felony Or Misdemeanor Under California State Law?

Under California law, 273.5 is a wobbler, which means the district attorney has the discretion to charge it as a misdemeanor or felony. In exercising this discretion, the district attorney will take into account the extent of the injury, the defendant’s prior record, and perhaps the input from complaining witnesses as to whether they believe it should be charged as a felony or misdemeanor.

Is 273.5 A Strike Under California Law? What Does That Mean?

Penal Code Section 273.5 is not a strike itself, but it can become a strike if the victim suffers what’s legally considered “great bodily injury”. “Great bodily injury” is a separate enhancement listed under Penal Code 12022.7. So to become a strike, 1) the Penal Code Section 273.5 charge itself must result in a conviction, and then 2) the Penal Code Section 12022.7 enhancement also must be admitted or found true by a jury. If both 1) and 2) occur, the defendant has suffered a strike.

What Are The Penalties For A Felony Domestic Battery Conviction In California?

Domestic violence is an offense that is not 1170H eligible, which means that a person who is sentenced to prison time for a domestic violence conviction will have to serve that sentence in prison and will not be given the option to serve it in the county jail. A misdemeanor charge of domestic violence carries a sentence of up to one year in the county jail. If probation is granted, then there will be certain mandatory terms and conditions of that probation under penal code section 1203.097. One such condition is that the convicted individual complete 52 weeks’ worth of domestic violence counseling. In addition, there is typically a criminal protective order that’s issued as a mandatory term and condition of probation.

Can I Get Bail If I Was Arrested And Charged With Felony Domestic Battery In California?

Cash bail is still operable in the state of California, but there is a pending cashless bail system that may be implemented soon. It is currently under debate whether the cash bail system in California is constitutional; as of this moment, a person who has been charged with felony domestic violence in California is allowed bail, but this could change in the coming months. There’s a referendum on the ballot for voters to decide how the cashless bail law that was passed by legislation a couple of months ago will be implemented by different counties. It appears that in many counties, the probation departments are going to be making decisions on whether or not someone is going to be released before (or even after) the first court date. One possible outcome is that no one will be able to bail out, and everyone will be subject to a scoring system and probation. Alternatively, a third-party court-related organization might score people and provide recommendations as to whether or not they should be able to bail out. As it currently stands, most domestic violence offenses are allowed bail pursuant to a county bail schedule.

Will An Order Of Protection Or Restraining Order Automatically Be Put In Place In A Domestic Battery Case? If So, For How Long?

The arresting officers can call a duty magistrate to request an emergency protective order that can be applied orally over the phone and remain valid for seven to 10 days. These orders are almost always granted. A written order would then be signed by the magistrate on duty and personally served to the subject party (who is usually the arrestee). Once the order expires, the complaining witness or victim may go to civil court to apply for a civil restraining order. If and when the criminal case is filed, the district attorney will almost always request a criminal protective order which may prevent the defendant from having any contact or going within 150 yards of the alleged victim, their residence, their vehicle, or their place of employment.

For more information on Felony Domestic Battery Charges In CA, an immediate case consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 484-0906 today.