Understanding Felony Domestic Violence Charges in California

1. Understanding Felony Domestic Violence Charges in California Facing a felony domestic violence charge can be one of the most stressful and life-changing events a person may ever experience. These charges carry the potential for severe penalties, including years in prison, heavy fines, loss of professional licenses, and permanent damage to personal relationships. At Maureen F. Baldwin Attorney at Law, we understand the high stakes and the emotional toll such accusations can take. With over 40 years of criminal defense experience in San Jose, our mission is to protect your rights, your future, and your reputation. What is Felony Domestic Violence in California? In California, domestic violence refers to abuse or threats of abuse between intimate partners, family members, or household members. The offense can be charged as either a misdemeanor or a felony, depending on the severity of the incident, the presence of injuries, the defendant’s criminal history, and other aggravating factors. Felony domestic violence generally involves situations where: ● The alleged victim sustained significant physical injury. ● A weapon was used during the incident. ● There is a prior history of domestic violence or related convictions. ● The incident involved violations of protective or restraining orders. Under California Penal Code §273.5, willfully inflicting “corporal injury resulting in a traumatic condition” on an intimate partner is a felony offense. This includes acts such as striking, choking, or causing injuries that require medical attention. Penalties for Felony Domestic Violence If convicted of felony domestic violence, the penalties can be severe: ● State Prison: Two, three, or four years in prison.

2. ● Fines: Up to $6,000 for a first offense (and potentially higher for repeat offenses). ● Probation: Mandatory terms, including completion of a 52-week batterer’s intervention program. ● Protective Orders: Long-term restraining orders prohibiting contact with the victim. ● Loss of Firearm Rights: Permanent prohibition from owning or possessing firearms. ● Immigration Consequences: Non-citizens may face deportation or denial of naturalization. The long-term impact goes beyond court-imposed penalties. A felony conviction can affect your employment, housing opportunities, and social relationships. Common Defenses to Felony Domestic Violence Charges While each case is unique, experienced criminal defense attorneys use a variety of strategies to challenge felony domestic violence accusations. At Maureen F. Baldwin Attorney at Law, we examine every detail of the case to determine the best defense. Potential defenses include: 1. False Accusations – Domestic violence charges are sometimes made out of anger, jealousy, or to gain an advantage in divorce or custody proceedings. 2. Self-Defense – If you acted to protect yourself or another person from harm, you may have a valid defense. 3. Lack of Evidence – Prosecutors must prove every element of the crime beyond a reasonable doubt. Weak or inconsistent evidence can lead to dismissal or acquittal. 4. Accidental Injury – Not all injuries are the result of intentional acts. Demonstrating an accident can reduce or eliminate charges. 5. Violation of Rights – If police failed to follow proper procedures during arrest or investigation, evidence may be excluded from trial. How We Approach a Felony Domestic Violence Case Attorney Maureen Furlong Baldwin brings over 40 years of courtroom experience to every case. Our approach includes: ● Early Intervention – In some cases, we can contact prosecutors before formal charges are filed to present evidence in your favor.

3. ● Thorough Investigation – We gather witness statements, review medical records, and analyze police reports to uncover weaknesses in the prosecution’s case. ● Negotiation & Litigation – Depending on the circumstances, we either negotiate for reduced charges or fight for a full acquittal in court. ● Personal Representation – You work directly with Ms. Baldwin, not a junior associate or assistant. Every step of your defense is handled personally and professionally. Why Choose Maureen F. Baldwin Attorney at Law? ● Experience You Can Trust: Over 2,500 cases successfully handled in San Jose and surrounding areas. ● Proven Results: From dismissals to favorable plea agreements to trial victories. ● Accessibility: Ms. Baldwin personally returns phone calls and emails promptly. ● Affordable Rates: Competitive pricing for high-quality legal defense. ● Exclusive Criminal Law Focus: We only handle criminal defense, ensuring our knowledge is deep and current. Steps to Take If You Are Charged If you are facing felony domestic violence allegations: 1. Do Not Speak to Police Without an Attorney – Anything you say can be used against you. 2. Preserve Evidence – Keep text messages, emails, and any other information that may support your defense. 3. Avoid Contact with the Alleged Victim – Violating protective orders can result in additional charges. 4. Contact an Experienced Criminal Defense Attorney Immediately – Early legal intervention can significantly improve the outcome of your case. The Difference Between Misdemeanor and Felony Domestic Violence While misdemeanor domestic violence often results in less severe penalties such as county jail time and smaller fines, felony convictions can result in lengthy prison sentences. The distinction often depends on:

4. ● The level of injury inflicted. ● Whether a weapon was used. ● The defendant’s prior criminal history. California law allows prosecutors to charge certain domestic violence offenses as “wobblers,” meaning they can be filed as either misdemeanors or felonies depending on the circumstances. Having a skilled attorney can make the difference between a misdemeanor charge and a felony conviction. Long-Term Consequences of a Felony Conviction A felony domestic violence conviction can have consequences long after your sentence is complete: ● Difficulty finding employment due to background checks. ● Loss of child custody or visitation rights. ● Restrictions on housing opportunities. ● Inability to own firearms for life. ● Stigma in your community and professional life. Because the stakes are so high, it is critical to have an attorney who knows how to protect both your legal rights and your future. Conclusion Facing a felony domestic violence charge is a serious matter that requires immediate and skilled legal representation. At Maureen F. Baldwin Attorney at Law, we are committed to providing aggressive, personalized defense to every client. With over four decades of criminal law experience, Ms. Baldwin has the knowledge, dedication, and courtroom skill to fight for the best possible outcome in your case. If you or a loved one is facing felony domestic violence charges in San Jose or surrounding areas, call us at 408-483-1993 for a FREE consultation. Frequently Asked Questions (FAQ) 1. Can a felony domestic violence charge be reduced to a misdemeanor? Yes, depending on the facts of the case, the strength of the evidence, and your criminal history, an attorney may be able to negotiate a reduction to a misdemeanor.

5. 2. Will I go to jail if convicted? Felony convictions can lead to prison time, but outcomes vary. With an experienced defense lawyer, you may be able to secure probation or alternative sentencing. 3. Can the alleged victim drop the charges? In California, only the prosecutor has the authority to drop charges, even if the victim no longer wishes to proceed. 4. What if I was acting in self-defense? Self-defense is a valid legal defense if you can show you acted to protect yourself or someone else from imminent harm. 5. How soon should I contact an attorney? Immediately. Early intervention can significantly improve your chances of a favorable outcome. Contact Us Website: https://sanjosecriminallawoffice.com/ Address: 255 N Market StreetSan Jose, CA 95110 Phone: 408-483-1993