If One Has a Prior Conviction for Domestic Violence in the Recent Past, a Felony Charge is Likely
Although there are always exceptions, it is highly likely that regardless of the injuries to the alleged victim, an accused will be charged with felony domestic violence (Penal Code Section 273.5) if the accused has a prior conviction for misdemeanor or felony domestic violence. This is because law enforcement often must charge the crime as a felony even if there are no visible injuries at all (resulting in a windfall to bail bond companies, as bail will be set for a felony). The District Attorney, however, has discretion to reduce the case to a misdemeanor.
We are Experienced in Defending Those Accused of These Charges
To read about specific cases wherein our office has successfully resolved cases on the merits, taking into account all facts, click to our website at Greg Hill & Associates and look under our results under domestic violence.