what is the max on domestic violence battery
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what is the max on domestic violence battery
Asked on June 10, 2009 under Criminal Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
In California, domestic violence charges are classified as “wobblers”, which means they can be charged as either a felony or misdemeanor.
Usually this is determined by the seriousness of the injuries. Severe cuts and broken bones will almost always result in a felony charge. Prior acts of physical abuse by the person charged may also factor into the prosecutor’s decision to file it as a felony. Cases involving no injury or slight injury will be charged as misdemeanors.
The punishments for felony and misdemeanor charges are as follows:
- Felony: If charged as a felony, the defendant could serve 2-4 years or more in the state prison and up to a $6,000 fine;
- Misdemeanor: If charged as a misdemeanor, the punishment is not more than 1 year in the county jail and up to a $10,000 fine
Also, the law requires that any domestic violence defendant complete a 52 week domestic violence program, involving a series of classes. Most likely there will also be a stay away order, which prohibits the defendant from having any contact with the alleged victim.
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