Which Violations are Felonies, and Which are Misdemeanors?
Penal Code Section 273.5 is a commonly charged offense. This criminal offense entails inflicting physical injury on a cohabitant, spouse, fellow parent, or someone that the accused has dated. This is considered a wobbler and the District Attorney can decide to reduce the crime to a misdemeanor if the injuries do not rise to the felony level.
The accused can receive a sentence of 12 months or less and can be required to pay a fine amounting to $6,000.
Penal Code 243(e) is another commonly charged offense in California. This is a criminal offense in which one is accused of committing battery against a cohabitant, spouse, fellow parent, or someone that the accused has dated.
This kind of domestic violence is charged as a misdemeanor. Although battery may sound bad, it can be committed without creating a physical mark on the victim.
There are incidences where a husband or wife will forcefully push the other and it results in a PC 243(e)(1) conviction.
Penal Code Section 245 is often a felony charge. A domestic violence felony claim can be devastating.
It is a strike under the Three Strikes Law in California, and a conviction can result in stiffer and enhanced sentencing either in the present or a future case.
However, this penal code is still a wobbler and could be reduced. You will want to do whatever possible to avoid domestic violence jail time. An attorney can advise you as to your options.
If this is a first offense, that would mean the accused has never been convicted of a domestic abuse charge, which includes spousal abuse, domestic battery, assault, or battery.
Punishments for a first offense can be enhanced if one of the participants incurred serious injuries or required medical treatment. If one of the participants incurred great bodily harm, the sentence could be even harsher.
Some prosecutors or courts may impose much more serious sentences if the defendant is believed to have struck out in ways that could be deemed abnormally violent and cruel. The courts do not want to go easy on offenders who pose a significant threat to society.
Defense Strategies You May Want to Consider
Whether a domestic violence offense is charged as a misdemeanor or a felony may or may not have an impact on the defense strategy.
Many prosecutors charge crimes as felonies because it gives them leverage. They expect the accused to accept a misdemeanor conviction rather than risking a felony conviction. Whether it makes sense to negotiate for a misdemeanor when a felony has been charged depends on the facts of the case.
An accused who is innocent should never be convicted of anything. An accused who is likely to be found guilty of a felony if the case goes to trial should give serious consideration to accepting a misdemeanor conviction if there are no defenses that will lead to a dismissal.
When a prosecutor charges a felony to gain an advantage in negotiating, the strategy may backfire. If the evidence in support of the felony is weak, an accused may want to ask a jury to return a not guilty verdict rather than making a plea bargain.
When the prosecutor charges a misdemeanor, the accused is in a better position to seek an outcome that will not result in a conviction. A first offender who is willing to participate in anger management counseling might be able to avoid a conviction if the crime is not serious.
Why Clients Trust Our Client Centered Approach
A client-centered approach is especially important when facing the question, “Is domestic violence a misdemeanor or a felony?” because every case is deeply personal and highly fact-specific. At the Law Offices of Randy Collins, clients are not treated as case numbers or assumptions on a police report. Attorney Collins understands that domestic violence accusations often arise from complex relationships, emotional situations, or misunderstandings, and that the difference between a misdemeanor and a felony can dramatically impact your freedom, reputation, and future. A client-centered defense starts with listening to your story, understanding the dynamics involved, and carefully evaluating how the law applies to your unique circumstances.
Domestic violence charges in California often “wobble” between misdemeanor and felony classifications, giving prosecutors significant discretion. This makes personalized legal advocacy critical. Attorney Randy Collins’ experience as a former prosecutor allows him to anticipate how charging decisions are made and to intervene early when possible. By focusing on the details that matter most—such as the nature of the alleged injuries, the relationship between the parties, prior history, and the credibility of the accusation—his client-centered approach aims to reduce charges, prevent a felony filing, or pursue dismissal when the allegations are unsupported.
Most importantly, a client-centered philosophy means standing by clients during one of the most stressful times of their lives. Domestic violence allegations can threaten employment, housing, parental rights, and personal relationships, even before a case is resolved. Attorney Randy Collins is known for his availability after hours and on weekends, ensuring clients have access to guidance and reassurance when they need it most. By combining compassion, aggressive advocacy, and strategic defense planning, the Law Offices of Randy Collins focus not just on whether an offense is charged as a misdemeanor or felony—but on protecting the person behind the charge and helping them move forward.
How Our Defense Attorneys Can Help You
Choosing the right strategy requires a combination of experience, skill, and knowledge of the law. Our lawyers can recommend a strategy that is best suited to the facts of your case. If you’re in need of an attorney for your case, or if you have been falsely accused of domestic violence, an experienced attorney could be your best bet.
We’ve helped countless domestic violence defendants protect their rights and obtain successful outcomes to their cases. If you need help, we’re here for you.
Call (844) 807-8180 or contact us online today!
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