Accusations of domestic violence are a serious charge that can result in criminal penalties. In fact, in California, serious domestic violence incidents are charged as felonies. If you are convicted of felony abuse, you can spend up to four years in prison. The punishment may be even longer if you’ve been convicted of the same offense within the past seven years. In these cases, probation is unlikely, even without a previous record, and it is recommended you hire a criminal attorney.
Felony Convictions
Felony charges are pursued when the victim’s injuries are severe, such as broken bones, injuries that need sutures, or trauma so serious it causes permanent brain or body damage.
Assault with a Deadly Weapon
Among the more serious of domestic violence charges in California is assault with a deadly weapon. In rendering a sentence, the court will look at the type of weapon used, whether the victim was injured, and the seriousness of the injury. If found guilty of a felony, this conviction is considered a “strike” under California’s Three Strikes law. If convicted, you face the following penalties:
- Two to four years in California state prison.
- Fines of up to $10,000.
- Victim restitution costs.
- Confiscation of your weapon.
Criminal Threats
Another charge that requires the services of a criminal lawyer is violation of California Penal Code 422 PC: threatening to commit a crime which will result in death or great bodily injury to another person. You do not have to intend to commit the acts threatened – just making them is considered a felony. Criminal threats can be made against anyone, but if they’re made against a family member, they are regarded as crimes of domestic violence.
To obtain a criminal threats conviction against you, each of these facts must be proved beyond a reasonable doubt:
- You willfully threatened to kill or cause great bodily injury to another.
- You orally, in writing, or by electronic means communicated that threat.
- You intended the statement to be understood as a threat.
- The threat communicated a serious intention and the immediate prospect it would be carried out.
- The threat caused the other person to be in fear for their own safety or the safety of another family member.
- The person you threatened had a reasonable fear of your threat.
Obviously, since all these facts must be proved, criminal threat convictions are not easy to obtain, but you will require competent representation if you are accused.
••Minella Law Group Can Help••
If you’ve been accused of committing felony domestic violence, you are best served by consulting with a California family law attorney experienced in such charges. In many cases, it is possible to avoid conviction and the serious consequences that come with such a charge. Reach out to us for your complimentary consultation today at 619.289.7948
