What is Felony Domestic Violence?

Los Angeles prosecutors have the option of prosecuting domestic violence as a felony or misdemeanor crime. The desires of the victim regarding the pressing of charges do not matter in the case of felony DV cases; the prosecutor has leeway to press the charges on behalf of the state. The consequences for felony domestic violence are very severe and there are numerous acts other than outright violence that can result in this charge. It is not necessary for the couple involved to be married or even cohabitating for either to be charged with domestic violence.

The definition of domestic violence extends to acts of battery and other physical assault as well as a host of other acts. Stalking, defined as following a person to or from work, spying and making other unwanted contact may be prosecuted as an act of domestic violence. Certain acts of child endangerment or abuse are also prosecuted under these laws. The wide variety of potential triggers for a charge of domestic violence make it one of the most complex fields of law and Los Angles attorneys are not universally experts in this area.

One?s prior criminal history will also come into play where domestic violence law is concerned. Those who have prior violent crimes or other felonies stand a higher chance of having their domestic violence charge prosecuted as a felony. This is entirely at the discretion of the prosecutor. In most cases, the most egregious acts of domestic violence where there is significant injury done to the victim are those which are prosecuted as felonies. Cases involving children are also more likely to be prosecuted as a felony, especially if the abuse or endangerment is very severe.

Felony domestic violence charges require that one have a competent attorney at their side. The consequences for these charges require as much. One may be facing a state prison term of as long as 3 years even without prior charges. One may also be sentenced to community service or physical labor, be required to attend counseling sessions and be assed with heavy fines. These cases are difficult to defend due to the complexity of the law and most lawyers who take these cases are specialists in the field. Those facing these charges, considering the very intimidating punishments that can be meted out by the court, should consult with their attorney as soon as possible.

Originally published here.


Eric Bersano

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