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Domestic Violence: Felony vs. Misdemeanor

Posted by Vitaly Sigal | Feb 29, 2024 | 0 Comments

Domestic violence cases require accused individuals to be adjudicated quickly. If you have been accused of domestic violence, the potential punishment you might face depends on the alleged facts of the case and whether you have been charged with a misdemeanor or a felony. Contact Sigal Law Group today to learn more about your rights and how our experienced criminal defense attorneys can help.

Types of Domestic Violence Cases

Domestic violence is an umbrella term that encompasses many different crimes, including:

·      Domestic battery

·      Spousal abuse

·      Child abuse

·      Child endangerment

·      Child neglect

·      Elder abuse

·      Criminal threats

·      Intimidation

·      Stalking and cyberstalking

·      Violating a restraining or protective order

In general, domestic violence involves physical, emotional, or economic abuse, or threats of such abuse, between individuals in an intimate relationship. The phrase “intimate relationship” includes both current and former spouses, domestic partners, cohabitants, those who are currently dating or have dated in the past, or those who share a child together.

Domestic Violence is a Wobbler

Crimes are categorized as either misdemeanors or felonies by state statutes. Domestic violence crimes, however, are considered “wobblers.” This means that the prosecutor can decide, based on several factors, whether the defendant should be charged with a domestic violence misdemeanor or a domestic violence felony.

For example, if a defendant is accused of threatening to commit a crime that would result in the injury or death of their former spouse, the prosecutor can decide whether to charge that defendant with a criminal threat misdemeanor or felony.

The type of sentence you could face will depend on the categorization of your domestic violence charge. For instance, if you're charged with misdemeanor spousal abuse, you could face up to one year in county jail, but if you're charged with felony spousal abuse, you could face between two and six years in state prison.

California Domestic Violence Defense

Sigal Law Group understands how frustrating these types of accusations can be for individuals, especially those who've been falsely accused. Our competent and experienced criminal defense attorneys will work tirelessly to ensure you get the best possible outcome from your case. Contact our offices today for help.

About the Author

Vitaly Sigal

Vitaly Sigal Sigal Law Group Owner 355 S. Grand Ave, Suite 2450 Los Angeles, CA 90071 (213) 620-0212 Vitaly Sigal has extensive trial experience and is not afraid to take your case to trial if necessary. From straightforward to complex litigation, Mr. Sigal handles every case with the same i...


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