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Sentences for Felony Domestic Violence: Corporal Injury
In the Golden State, domestic violence is viewed highly unfavorably both by the public and the legal system, especially if it results in corporal injury. As such, penalties for this crime can be severe, ranging from hefty fines to lengthy prison times.
Considering the nature of the charges, effective defense will necessitate the involvement of a highly knowledgeable and experienced San Diego corporal injury attorney, if a defendant is to expect a favorable outcome.
Is California Penal Code 273.5 A an aggravated felony?
First of all, it is important to note that CA PC 273.5 is considered a “wobbler” crime. This means that:
- The prosecution can choose to charge it either as a misdemeanor or a felony;
- The judge can choose to punish a wobbler crime as a misdemeanor or a felony;
- The defendant if convicted of felony domestic violence, may sometimes be allowed to file a petition to reduce a felony conviction to a misdemeanor.
That being said, domestic violence can be classified and tried as an aggravated felony. Under PC 273.5, corporal injury counts as a crime involving “moral turpitude” and, as such, constitutes a crime of violence.
What is the sentence for corporal injury in California?
The severity of the sentence for corporal injury in a domestic violence case will largely depend on whether it is tried as a misdemeanor or a felony:
- A misdemeanor conviction may carry no more than 1 year in county jail and/or a fine of up to $6,000.
- A felony conviction can carry 2, 3, or 4 years in state prison and/or a fine of up to $6,000.
It must be noted that these penalties apply to first-time offenders only. If a person has priors, further enhancements may apply, as follows:
- If, within the last 7 years, a defendant has been convicted of corporal injury on a spouse, assault/battery resulting in serious bodily injury, assault with a deadly weapon, or sexual battery, the sentence may be increased by:
- Up to 1 year in county jail, or;
- 2, 4, or 5 years in state prison, and/or;
- A fine of up to $10,000.
- If, within the last 7 years, a defendant has been convicted of a battery on a spouse, the sentence can be enhanced to:
- Up to 1 year in county jail, or;
- 2, 4, or 4 years in state prison, and/or;
- A fine of up to $10,000.
In addition to the aforementioned, if DV corporal injury is sentenced as a felony, it may result in additional penalties, including:
- Domestic violence restraining order;
- Lifetime prohibition to own a firearm;
- Loss of a professional license(s).
Finally, it must be noted that, if a crime of domestic violence has been committed by a non-US citizen, a conviction can lead to a host of immigration issues, which may (and often do) result in deportation.
Where in San Diego can I find a well-versed corporal injury attorney near me?
At Monder Criminal Lawyer Group, you can find some of the finest legal representatives north of the US-Mexico Border and beyond. Over the course of our tenure, our dedicated attorneys have handled thousands of cases to the ultimate benefit of our clients.
We specialize in multiple aspects of criminal law and can handle a wide variety of cases, ranging from domestic violence that resulted in corporal injury to felony charges related to drug sales. Our experienced lawyers adopt a client-centric approach in every instance, tailoring strategies specific to each person and circumstance.
Whether you’re facing consequences for selling drugs or a simple misdemeanor charge, you can count on us to put our collective expertise to good use and ensure the best possible outcome for your case. Contact us today to schedule your free first-time consultation.
