In California, domestic violence is generally charged as a misdemeanor rather than a felony unless the incident caused an injury.
California has no single domestic violence law. Instead, there are a handful of different laws. Two of the most common domestic violence crimes are:
- Domestic Battery, which is always a misdemeanor; and
- Corporal Injury on an Intimate Partner, which can be a felony or a misdemeanor.
In this article I discuss these crimes and related topics in California. Also listen to our informative podcast:
Domestic Battery
Under California Penal Code 243(e)(1) PC, domestic battery occurs when you use force or violence against:
- a cohabitant,
- the other parent of your child, or
- a current or former spouse, fiancé, fiancée, or dating partner.
Examples include pushing, kicking, biting, hitting, or throwing objects at the person.
As a misdemeanor, domestic battery carries:
- probation,
- up to $2,000 in fines,
- domestic violence classes, and
- up to one year in county jail.
However if the victim sustains an injury, you face one of the more serious charges discussed below.1
Inflicting an injury on a significant other is prosecuted in California under PC 273.5.
Corporal Injury to a Spouse or Intimate Partner
California Penal Code 273.5 PC makes it a crime to cause physical injury to a spouse, cohabitant, dating partner or parent of one’s child through an act of domestic violence. The formal name for this crime is corporal (physical) injury to a spouse or intimate partner.
Inflicting corporal injury is very similar to domestic battery (described above) except that it requires you cause an actual injury.
This crime is a wobbler, which means prosecutors can choose to charge it as a felony or a misdemeanor. Predictably, prosecutors are more likely to bring felony charges if the injury was very serious and/or you have a prior criminal record.2
The following chart spells out the penalties for corporal injury to a spouse or intimate partner:
| Penal Code 273.5 PC Case | Possible Penalty |
| Most convictions |
|
| A conviction within 7 years of a conviction for: |
|
A conviction within 7 years of a conviction for
|
|
Other Domestic Violence Crimes
Six other California crimes that are commonly charged in domestic violence situations are:
- child abuse (PC 273d);
- child endangerment (PC 273a);
- elder abuse (PC 368);
- making criminal threats (PC 422);
- stalking (PC 646.9); and/or
- aggravated trespass PC 601).
All these crimes are wobblers, so they can be prosecuted as either felonies or misdemeanors.
Additional Penalties and Consequences
Incarceration and fines are not the only punishments for domestic violence-related convictions in California. Depending on the case, judges will also impose:
- strict terms of probation,
- paying restitution to the victim or a victims’ fund,
- counseling,
- community service, and/or
- restraining orders.
Even as a misdemeanor, domestic violence can strip you of your gun rights. If you are a non-citizen, a conviction can cause you to be deported.
If children are involved, a domestic violence case can jeopardize your custody rights. Plus by having a criminal record, your employment, housing, and loan prospects are greatly diminished.
Furthermore, the alleged victim in your case can sue you for civil battery, false imprisonment, and/or emotional distress. Even if you escape criminal charges, you could be found civilly liable and therefore on the hook for the victim’s
- medical bills,
- lost wages, and
- pain and suffering.
Common Defenses
Here at Shouse Law Group, I have represented literally thousands of people accused of felony or misdemeanor domestic violence in California. In my experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting these charges reduced or dismissed.
- You were falsely accused. It is not uncommon for people to levy false domestic violence accusations out of anger or revenge. Fortunately, we can often impeach the accuser’s credibility by producing as evidence their past texts and voicemails.
- It was an accident: Accidents are not crimes, even if they result in injuries. As long as the D.A. cannot prove criminal intent beyond a reasonable doubt – which is a very high bar – criminal charges cannot stand.
- You were defending yourself. Many domestic violence allegations stem from fights. If you did not initiate the scuffle and were defending yourself (or someone else), you committed no crime as long as you used reasonable and proportional force.
Additional Resources
If you or someone you know is in immediate danger, call 911. Otherwise, you can find help, information and advocacy in the following places:
- Domestic Violence Organizations in California – California Partnership to End Domestic Violence – State coalition of survivors and allies that has helped pass more than 200 pieces of legislation on behalf of domestic violence survivors and their children.
- State Resources: California – WomensLaw.org – Local shelters and crisis organizations for survivors in California.
- National Domestic Violence Hotline – Toll-free hotline for survivors seeking support, crisis shelters, and options for legal representation.
- Resources – National Coalition Against Domestic Violence (NCADV) – Information about shelters and legal support for survivors.
- Rape, Abuse and Incest National Network (RAINN) – National organization with a 24/7 confidential helpline for survivors.
Legal References
- California Penal Code 243(e)(1) PC. See also, for example, People v. Fish (Cal. App. 1st Dist. 2024) 102 Cal. App. 5th 730.
- California Penal Code 273.5 PC. See also, for example, People v. Reid (Cal. App. 4th Dist. 2024) 105 Cal. App. 5th 446.
