If you are convicted of domestic battery or another domestic violence-related crime in California, the penalties you face can vary widely, from fines and probation to serious time in prison.

The exact penalties you’re facing depend on the precise charges and the details of your case. We’ll summarize some of the potential penalties below, but a trusted criminal defense attorney at our firm can help you understand the specific of your case.

Misdemeanor Penalties

If you face a misdemeanor charge (such as domestic battery), you may at first assume that the penalties won’t be severe. But here’s the truth:

You may be sentenced up to one year of jail time in the county jail and a fine of up to $2,000.

For most people, a year behind bars and fines in the thousands of dollars are pretty serious. The point? Don’t ignore your charge just because it’s a misdemeanor.

Felony Penalties

Domestic violence can be charged as a misdemeanor or felony in California. If you’re charged with a felony, you could face up to $10,000 in fines and as long as five years in prison (longer under certain circumstances).

As if incarceration and high fines aren’t enough, you may also suffer the non-criminal repercussions of a felony conviction. Those can include damage to your reputation, loss of gun rights, inability to secure housing, and trouble finding a job.

When accused of domestic violence or battery, you need a strong defense strategy before entering the courtroom. Without the right legal strategy, you may flounder in court, leading to a conviction that haunts you for years to come.

Unsure about your defense options? Talk to your lawyer. They have the tools you need to take action and build the proper defense for your case.

Now, let’s take a closer look at some of the common defenses used against domestic battery and domestic violence charges.

Self-Defense

If a family member or domestic partner tries to harm you, you may have no choice but to fight back. Preventing harm to yourself or someone else, like a child, can save lives, but you may have been arrested in the confusion and aftermath.

A defense attorney who can gather evidence to help show that you only harmed another person because inaction would have led to further harm.

No Willful Act

Sometimes, accidents happen. You may have been involved in an argument with a family member; in the argument, they slipped and injured themselves. Whether they falsely accused you or someone else witnessed and misread the situation, you may have been arrested and charged with domestic violence.

But if the situation was truly an accident, you didn’t willfully commit the crime you’re accused of. An experienced defense attorney can use this defense to great effect.

Falsely Accused

The allegations against you may simply not be true. For example, you may have a vengeful former spouse trying to gain full custody of your children or otherwise take revenge on you. Unfortunately, you may have been arrested on their word.

In these cases, you may need a lawyer’s help to prove you could not have been the one at fault for their injuries or the battery they claim happened. Talk to your lawyer about gathering evidence in your defense.

Domestic battery is never a felony. In California, it’s always a misdemeanor.

However, various related crimes, including domestic violence are either felonies or “wobblers,” meaning they can be charged as felonies or misdemeanors depending on the situation.

What are the consequences for noncitizens?

Noncitizens living in California may face additional penalties for domestic battery or domestic violence. Even for a misdemeanor conviction, there may be immigration consequences up to and including deportation.

That means it’s incredibly important to mount a thorough defense against your charge. Avoiding a conviction could mean your immigration status remains intact.

How long does domestic violence stay on your record in California?

Without any action on your part, a domestic violence or domestic battery conviction may remain on your record forever. But these and related charges may be eligible for expungement under certain circumstances and after you have completed your probation or incarceration.

How will this affect my gun rights?

If you are convicted of domestic battery or domestic violence, you may be unable to own a gun for 10 years. That’s thanks to the rules set forth by Penal Code 29805 PC.

What if the accuser wants to drop the charges?

While your accuser may want to drop the charges, whether that is because you are still in a dating relationship or they do not want to carry on with the case, you may not be out of trouble. The prosecutor can choose to continue on with your case, regardless of your accuser’s wishes.

Can you be charged with domestic battery if there was no injury?

Domestic battery is typically defined as offensive physical touch on a family member, former spouse, or current intimate partner. No injury is required for you to be charged with domestic battery; you can be charged with domestic battery for a light shove under the right circumstances.In fact, if there is a physical injury, you’re likely facing a different or additional charge, such as corporal injury to a spouse or cohabitant.