Is Domestic Violence a Misdemeanor or Felony?

Is Domestic Violence a Misdemeanor or Felony?

Domestic violence is undoubtedly one of the most intolerable crimes in the state of California and the penalties are just as strict. But just like any other crime, it also has its classifications and penalties depending on its severity. So is domestic violence a misdemeanor or felony? And what are the charges for it? When should you call a domestic violence attorney Los Angeles? Lets’ find out.

But First, What is Domestic Violence?

Domestic violence refers to a single or repeated acts of abuse afflicted by one person on an intimate partner or spouse within a domestic setting. It can be categorized into 5 types:

  1. Physical Abuse: This includes physically violent or aggressive behavior with the intention of harming the other. This also includes physically restraining the other partner or children against their will. Holding the other hostage is also a kind of physical abuse.
  2. Sexual Abuse: This includes forcing sexual activity without the other’s consent. This includes using force, coercion, emotional manipulation, or having sex with the other when they are unconscious.
  3. Verbal Abuse: This includes harming the other mentally and emotionally through verbal abuse. Threatening, using derogatory language, embarrassing, name-calling, terrorizing, and blaming the other are types of verbal abuse.
  4. Financial Abuse: Controlling or restraining the other from using financial resources are types of financial abuse. Forcing the other into situations that could hurt their professional life and cost their income also comes under this type. Spending money on non-necessities instead of necessities also refers to financial abuse.
  5. Stalking: Stalking with the intention of harming the other physically or mentally. This also includes stalking children, or other family members with malicious intent.

When is Domestic Violence A Misdemeanor?

Domestic violence is classified as a misdemeanor when one tries to or threatens to use physical force against their partner. If the victim feels that their partner intentionally wants to harm the other, it means that the accused has committed an act of intimidating someone to that extent which is a punishable crime. This kind of domestic violence falls under the category of a misdemeanor. Emotional abuse, verbal abuse, manipulative behavior, screaming, threatening, or using derogatory language can also be considered a misdemeanor.

When is Domestic Violence A Felony?

Domestic violence is filed under felony charges when a person is subjected to bodily harm in any manner by their partner. If the accused has already been charged with a misdemeanour it can convert into a felony charge.
Other actions that can result in a felony are: using a weapon on the other person, inflicting bodily harm that results in injuries or death, repeated patterns of abuse, aggressive behavior under the influence of alcohol or drugs, violating a restraining order, or repeating aggressive behavior.

When Should You Call A Domestic Violence Attorney Los Angeles?

Domestic violence is a serious crime that can have severe consequences. Not to forget that it stays on your record for life. In any case, it is best to seek the help of a domestic violence attorney in Los Angeles who can help you prepare a case. Arguing a domestic violence charge requires expertise and extreme caution which only a good lawyer can do.

If you are facing a charge and need the help of a good lawyer contact C. Robert Brooks, an expert domestic violence attorney practicing in Los Angeles. For a quick consultation, call (310) 994-7989 now. To know more about our law office, visit our website