Domestic Violence Penalties in California

Domestic violence allegations in California are taken very seriously by law enforcement, prosecutors, and the courts. Anyone who has been arrested or charged with domestic violence is understandably concerned about the potential penalties and lasting consequences of a conviction. The possible penalties range widely depending on the nature of the offense, the defendant’s criminal history, and whether the charge is filed as a misdemeanor or a felony. There are also strict legal requirements placed on judges when sentencing defendants for a domestic violence offense, especially when the defendant is placed on probation. In addition, a domestic violence conviction can carry significant collateral consequences that can impact immigration status, employment, and the ability to own a firearm. Having a thorough understanding of these penalties—and how best to defend against them—can make a crucial difference in your case, which is why hiring a skilled and experienced domestic violence attorney will help you get a better outcome on your case.

Domestic violence involves abuse or threats of abuse committed against someone with whom the defendant has a specified relationship. Under California Family Code Section 6211, a victim of domestic violence can include:

• A current or former spouse
• A current or former cohabitant
• A person who is or was in a dating relationship with the defendant
• A person with whom the defendant shares a child
• A child of the defendant
• Any other person related to the defendant by consanguinity or affinity within the second degree

Because the definition of “domestic violence” is so broad, a range of criminal offenses—from serious felonies to misdemeanors—can be classified as domestic violence if the victim falls within one of these categories. This means that even non-violent offenses like damaging property (California Penal Code Section 594 PC, vandalism) or publicly disturbing the peace (California Penal Code Section 415 PC) can sometimes be charged under the domestic violence umbrella if the incident involves someone who qualifies as a domestic violence victim.

There are multiple California Penal Code sections that commonly serve as the basis for domestic violence charges. Two of the most frequently charged are:

• California Penal Code Section 273.5 PC (Corporal Injury on a Spouse or Cohabitant). This offense involves inflicting a corporal (bodily) injury resulting in a traumatic condition on a spouse, former spouse, cohabitant, former cohabitant, or the parent of the defendant’s child. Depending on the severity of the injury and the defendant’s criminal record, this offense can be charged either as a felony or a misdemeanor. The penalties can include time in county jail or state prison, probation, and a mandatory batterers’ program.
• California Penal Code Section 243(e)(1) PC (Battery on a Spouse or Cohabitant). Commonly referred to as spousal battery or domestic battery, this offense prohibits using force or violence against a current or former spouse, cohabitant, or fiancé(e), among other qualifying relationships. Unlike Penal Code Section 273.5 PC, there is no requirement that the victim suffer a visible injury to be charged under this section. Domestic battery is typically filed as a misdemeanor, but it can still carry substantial penalties.

When a defendant is convicted of a domestic violence offense and placed on probation, the sentencing court must comply with the requirements outlined in California Penal Code Section 1203.097 PC. Importantly, these requirements apply not just to convictions under Penal Code Sections 273.5 PC or 243(e)(1) PC, but to any offense that involves an act of domestic violence as defined in Family Code Section 6211. Even crimes like vandalism or disturbing the peace can trigger 1203.097 if they were committed against a domestic violence victim.

The mandatory conditions of probation under Penal Code Section 1203.097 PC include: • Completion of a 52-week batterers’ intervention program. The defendant is required to enroll in and successfully complete a certified program that focuses on preventing abusive behavior.

• A protective order. The court must issue a protective order, which can range from a “Level One” protective order allowing peaceful contact to a more restrictive no-contact order, depending on the circumstances of the case.
• Payment of a minimum fee of $500, which goes toward domestic violence programs or funds as designated by statute.
• Community service. The defendant is often required to perform community service or, in some cases, community labor. The specific number of hours may vary based on the seriousness of the offense and any aggravating factors.
• Possible jail time. Even if probation is granted, the court can order a defendant to serve time in county jail as a condition of probation. This may range from a few days to several months, depending on the severity of the offense and other relevant facts.

It is critical to understand that these conditions are mandatory when probation is granted. Judges do not have discretion to omit them, though they can tailor certain aspects (like the protective order’s scope) based on the specific facts of the case. The judge also has the authority to impose additional conditions if warranted.

When a domestic violence case goes to trial, the judge will provide specific jury instructions before the jury deliberates. In California, the Judicial Council publishes CALCRIM instructions, which guide the jury on the elements of the offense, the burden of proof, and any relevant defenses. Common CALCRIM instructions for domestic violence-related charges include:

• CALCRIM No. 840 (Inflicting Injury on a Spouse, Cohabitant, or Fellow Parent Resulting in a Traumatic Condition). This instruction applies when the defendant is charged under Penal Code Section 273.5 PC. It details each element the prosecutor must prove, including the existence of a domestic relationship, the act of inflicting injury, and proof that the injury resulted in a traumatic condition.
• CALCRIM No. 841 (Battery on a Spouse, Cohabitant, or Fellow Parent). This instruction applies to charges under Penal Code Section 243(e)(1) PC and outlines the elements of domestic battery.
• CALCRIM No. 852 (Evidence of Uncharged Domestic Violence). Although not always used, this instruction can become highly significant when the prosecution introduces evidence of past domestic violence to show a propensity to commit such acts. It can be used by the prosecutor to argue that if the defendant committed domestic violence in the past, the defendant is more likely to have committed the charged offense. However, this instruction warns the jury that such evidence alone cannot be used to convict unless they are convinced beyond a reasonable doubt that the defendant committed the charged offense.

These instructions guide jurors on how to evaluate evidence, the standard of proof (“beyond a reasonable doubt”), and what constitutes a legal defense. Defense counsel must be well-versed in these instructions to ensure that the jury is properly informed of any defenses or mitigating factors.

Whether a domestic violence case is charged as a misdemeanor or a felony often hinges on several factors, including the severity of any injuries, whether weapons were used, and the defendant’s criminal history. A misdemeanor conviction typically carries up to one year in county jail, while a felony conviction can lead to a sentence of up to three years (or more, depending on enhancements) in state prison.

For felony convictions under Penal Code Section 273.5 PC, sentencing guidelines can include: • 2, 3, or 4 years in state prison,

• Formal probation with mandatory conditions,
• Possible additional enhancements for great bodily injury or prior convictions.

These sentencing ranges can be influenced by aggravating or mitigating factors, such as the seriousness of injuries, whether a child witnessed the incident, and whether there is a documented history of abuse.

Beyond the immediate penalties of jail or prison time, probation, and mandatory programs, a domestic violence conviction can lead to life-altering collateral consequences:

• Immigration Consequences. Most domestic violence offenses are considered crimes involving moral turpitude. Non-U.S. citizens can face deportation, denial of admission, or denial of naturalization if convicted of a domestic violence offense. Given the seriousness of these consequences, a non-citizen defendant needs to seek legal counsel who understands both criminal and immigration law considerations.
• Firearm Restrictions. Under California law, a misdemeanor domestic violence conviction triggers a ten-year ban on firearm ownership. However, federal law imposes a lifetime ban for individuals convicted of a qualifying domestic violence misdemeanor or who are subject to a domestic violence restraining order. Because federal law supersedes state law, anyone convicted of a domestic violence offense in California may be permanently banned from possessing firearms. This difference between state and federal law can be confusing, but it is crucial to understand to avoid serious federal criminal liability.
• Professional Licenses and Employment. A domestic violence conviction can severely affect an individual’s career. Certain jobs require background checks, and government or licensed positions (e.g., nursing, teaching, real estate, law) often scrutinize applicants for any history of violent conduct. Licensing boards may deny, suspend, or revoke a professional license based on a domestic violence conviction. Even if the conviction is later expunged, some licensing boards and employers can still consider the underlying conduct.
• Protective Orders and Family Court Issues. If a court issues a criminal protective order, that can affect child custody proceedings or your ability to have contact with your spouse or family. Violating a protective order can lead to additional criminal charges. Family courts may also become involved, imposing restrictions on visitation or custody rights if there is a finding of domestic violence.

In many domestic violence cases, there is little evidence beyond the testimony of the alleged victim. Emotions run high, and the situation can be further complicated by the nature of the relationship. The police often arrest someone on the spot if there is a sign of injury or a claim of violence, and the prosecution may proceed even if the alleged victim later recants or refuses to cooperate. Potential defenses can include self-defense, false allegations, or the lack of a required relationship under Family Code Section 6211.

Because the implications of a conviction are so severe, it is crucial to consult with an experienced criminal defense attorney who can evaluate the facts, investigate the incident, and develop a strategic defense. An attorney familiar with domestic violence law in California can also negotiate with prosecutors for reduced charges or alternative resolutions that may prevent a permanent criminal record or minimize the long-term impact of a conviction.

When facing domestic violence charges, you deserve aggressive and knowledgeable representation. Kraut Law Group Criminal & DUI Lawyers is led by Attorney Michael Kraut, a former Deputy District Attorney with over 14 years of prosecutorial experience. Having handled countless domestic violence cases, Mr. Kraut understands the tactics the prosecution will use against you. He also recognizes the personal and professional consequences you face with a conviction. Kraut Law Group Criminal & DUI Lawyers is committed to pursuing the best possible outcome, whether that means fighting for a complete dismissal of charges, negotiating a favorable plea, or litigating the case at trial. Our legal team can:

• Thoroughly investigate the incident and gather any evidence that supports your defense.
• Examine potential weaknesses in the prosecution’s case, including issues with the credibility of witnesses or the reliability of the evidence.
• Help you understand your rights and obligations under Penal Code Section 1203.097 PC if you are placed on probation.
• Advocate for alternatives to incarceration, such as diversion programs or lesser charges, where appropriate.
• Protect your rights regarding collateral consequences, including immigration considerations and professional license implications.

We know how daunting and stressful the criminal justice process can be, especially when your family relationships and future career opportunities are on the line. Each case is unique, and our firm provides personalized attention to ensure that you are informed of every option and possible defense strategy.

If you or a loved one has been arrested for or charged with domestic violence in California, do not wait to seek legal representation. The stakes are too high to face these charges on your own. With offices in Los Angeles and the surrounding areas, Kraut Law Group Criminal & DUI Lawyers provides a free, confidential consultation to discuss the details of your situation and the best path forward.

Attorney Michael Kraut and his dedicated team are available 24/7 to take your call. Contact Kraut Law Group Criminal & DUI Lawyers at 888-334-6344 or 323-464-6453. You can also visit our primary Los Angeles location at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028.

A domestic violence allegation does not have to define your future. By consulting an experienced criminal defense lawyer right away, you can protect your rights, explore available defenses, and work toward a resolution that minimizes the impact on your life. Kraut Law Group Criminal & DUI Lawyers stands ready to fight for you and ensure that your voice is heard in the criminal justice system.