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Is spousal abuse a felony in California?

Is Spousal Abuse a Felony in California?

California has enacted numerous laws to prevent and prosecute domestic violence, also known as spousal abuse. But one common question arises: "Is spousal abuse a felony in California?"

The Short Answer: Yes and No

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Battery or Physical Force
Yes, spousal abuse that involves physical force, battery, or injury to a spouse can lead to felony charges. This type of behavior is typically punishable as a felony and can carry imprisonment sentences.

Threats, Intimidation, and Harassment
On the other hand, threats, intimidation, or harassment that do not necessarily result in physical force or battery can be prosecuted as misdemeanors, not felonies. However, depending on the circumstances, it may be possible to enhance a misdemeanor conviction to a wobbler – a crime that can be prosecuted as either a felony or a misdemeanor, and the court determines which way it is charged and sentenced.

When Spousal Abuse Can Result in a Felony:
Felony spousal abuse charges in California may occur in situations like these:

  • Emotional distress or bodily injury: Intentional conduct causing emotional distress or bodily injury to a spouse, with an assault with a deadly weapon.
  • Criminal threats: Communicating criminal threats to harm a spouse, including through letters, phone calls, text messages, or online activities.
  • Sexual abuse: Non-consensual sexual acts, or attempts to engage in sexual behavior with a spouse who does not consent.

Spousal Abuse Penalty Scales in California

Felonies
California Penal Code 242-245(a) – Misdemeanors (usually punishable by county jail for up to 1 year)

**** (Wobbler – Prosecuted as Felony)

TypeCrime DescriptionPotential Sentencing (in Years)
First-degree burglary17 (minimum)Up to 12
False imprisonment1-7 years, maximum 14 (probationable)

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Warnings & Tips

Please, stay informed on what domestic violence means for criminal lawyers.

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