Domestic Assault is a domestic violence charge. Domestic Violence charges are classified as "wobblers", which means they can be charged as either a felony or misdemeanor. Usually this is determined by the seriousness of the case. Severe cuts and broken bones will almost always be charged as felonies. No injury or slight injury cases will be charged as misdemeanors. Prior acts of violence by the person charged may also factor into the Prosecutor's decision to file it as a felony.
If charged as a felony, the defendant could serve at least 2 years or more in the state prison. If charged as a misdemeanor, the punishment is not more than 1 year in the county jail. Also, the law requires that the defendant complete a 52 week program.
The court will most likely order a stay away order, which prohibits the defendant from having any contact with the victim.
If you or a loved one has been charged with a crime, do not wait to retain legal counsel. Contact Glew & Kim today for a free consultation.
Learn more about specific charges on our criminal law pages.
California Penal Code Section 240-241(a)
"240. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
241. (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment."