The word "felony" echoes with a terrifying finality. When the San Diego District Attorney charges you with felony domestic violence, they are not just accusing you of a crime. They threaten to take years of your life, brand you as a violent felon, and strip you of your fundamental rights, including the right to own a firearm.
The charge itself feels like a life sentence before a trial has even begun. But is this initial charge the final word? Or is it possible to fight back and reduce this life-altering felony to a more manageable misdemeanor?
Yes, a reduction is possible. But it is not a gift the prosecutor will hand you. A reduction from a felony to a misdemeanor is a victory you must earn through an aggressive, intelligent, and proactive legal battle.
It requires a defense that does not just react to the prosecutor's case but actively attacks it. A defense attorney exposes the weaknesses in the evidence and presents a powerful counter-narrative. A felony domestic violence charge is the prosecutor’s opening move in a high-stakes negotiation for your future.
The quality of your defense determines the final outcome.
Wobblers and the Prosecutor's discretion
- Not all dv charges are equal. California law classifies certain domestic violence offenses as "wobblers." This classification gives the prosecutor the discretion to charge the crime as either a felony or a misdemeanor.
- The injury is the key factor. The single most important factor in the prosecutor's decision is the severity of the alleged victim's injury. The difference between a minor bruise and a "great bodily injury" is often the difference between a misdemeanor and a felony.
- A reduction is a strategic victory. Securing a reduction to a misdemeanor is a massive win. It can mean the difference between state prison and county jail, a lifetime firearm ban and a 10-year ban, and the preservation of your career and reputation.
The "Wobbler" System in California
The legal mechanism that makes a reduction possible is the "wobbler" system. Many crimes in the California Penal Code, including the most common domestic violence charge, are not strictly defined as felonies or misdemeanors.
The law gives the prosecuting agency the power to decide how to file the charge based on its evaluation of the case. The primary domestic violence charge that operates as a wobbler is Corporal Injury to a Spouse or Cohabitant, California Penal Code 273.5.
This law makes it a crime to willfully inflict a physical injury that results in a "traumatic condition" on an intimate partner. A "traumatic condition" can be as minor as a visible bruise or swelling.
If the prosecutor believes the injury is significant, or if the defendant has a prior criminal record, they will almost always file the charge as a felony. Our job is to force them to reconsider that initial, aggressive filing.
Attacking the Core of the Felony: The Injury Itself
The prosecutor's entire justification for a felony filing rests on the severity of the injury. Therefore, the first point of attack is to challenge their characterization of that injury.
A felony filing often requires what the law calls "great bodily injury" (GBI). This is a significant or substantial physical injury; it is more than a minor or moderate harm. We immediately begin our own investigation to contest the DA's claims. We can hire a medical professional to review the alleged victim's medical records.
Did the injury truly require the level of treatment claimed? Do the medical records align with the accuser's story about how the injury occurred?
We also scrutinize the photographs police took at the scene. Police photos are often taken in poor lighting and can exaggerate the appearance of a bruise or cut. We can present evidence that the alleged "traumatic condition" was minor, pre-existing, or even self-inflicted. We remove the prosecutor's primary justification for the felony charge and create powerful leverage to negotiate a reduction to a misdemeanor.
The Power of a Proactive Defense Packet
We do not wait for the first court date to begin fighting for a reduction. We go on the offensive immediately. We compile a comprehensive "defense packet" that we present to the prosecutor before they have become entrenched in their position.
This packet is a preemptive strike designed to show them the weaknesses in their felony case. This packet may include:
- Evidence of Self-Defense. Statements from witnesses or text messages that show you were the one being attacked and were only defending yourself.
- Character Letters. Letters from employers, family, and community members that speak to your good character and non-violent nature.
- Proof of Mitigating Circumstances. Evidence that you have proactively enrolled in anger management classes or counseling to show the court you are taking the situation seriously.
- Evidence of False Accusation. We can present evidence that the accuser has a motive to lie, such as a pending child custody battle or a history of making false reports.
Presenting the prosecutor with a powerful and well-documented counter-narrative early in the process can often persuade them to reduce the charge to a misdemeanor before the case proceeds any further.
When an AI Cannot See the Whole Picture
A computer program can tell you the legal definition of "great bodily injury," but it cannot analyze a medical chart to find the inconsistencies that prove an injury was exaggerated. It cannot interview a witness to uncover a motive to lie. And it has no reputation with the San Diego DA's office to leverage in a negotiation.
The fight to reduce a felony is a human art, requiring strategic thinking, aggressive investigation, and persuasive advocacy.
The Fight For Your Future Starts Now
A felony charge is a direct threat to your freedom and your future. You need a defense team that has a proven record of winning these specific battles. The attorneys at Elite Criminal Defense have successfully convinced prosecutors to reduce felony domestic violence charges to misdemeanors in countless cases.
We save our clients from state prison and the lifelong stigma of a violent felony conviction. Contact us today at 619-642-2871 for a free and confidential consultation.