Domestic violence arrests can result in either misdemeanor or felony charges. Ultimately, the decision will fall with the district attorney, who will decide whether to file felony or misdemeanor charges. In some cases, the D.A. may decide not to file any charges at all.
If you are charged with a felony, you will be facing up to four years in prison. Misdemeanor charges carry penalties of up to one year in jail. No matter what charges are brought up against you, you will also face mandatory counseling and may also be subject to a stay away order, commonly referred to as a restraining order. These charges are incredibly serious, which is why anyone accused of such actions should immediately contact a Vista domestic violence lawyer like Peter M. Liss.
While domestic violence filed under Penal Code Section 273.5 (the willful infliction of corporal injury) can be charged as either a felony or misdemeanor, those charged with the crime will always have to post felony bail. This is because it is up to the prosecutors to choose the severity of the crime, so the decision is not made until after you have been given the opportunity to post bail.
It is important to note that domestic violence does not have to occur between spouses. The victim can be a spouse, ex-spouse, cohabitant, previous cohabitant, parent of your child, or any other person with a similar relationship. The injury need not be permanent or serious. If the victim is injured to any extent, whether an internal or external injury, you can be arrested.
If you have been arrested for this crime, it is imperative that you call an experienced Vista domestic violence attorney as soon as possible. Peter M. Liss can argue your case to prosecutors even before the matter is brought to court, so please call (760) 643-4050 to schedule a free initial consultation.