What Is the Average Sentence for Domestic Violence in California?

October 3, 2025 | Nafiz M. Ahmed

Domestic violence charges are common throughout California, including in San Jose. In 2023, law enforcement agencies in California handled more than 160,000 calls related to domestic violence. A conviction for domestic violence can be severe.

The average sentence for domestic violence in California varies widely depending on the severity of the offense, prior criminal history, and specific circumstances. Domestic violence charges can be either misdemeanors or felonies, with penalties ranging accordingly.

What is Domestic Violence in California?

Domestic violence is defined in California Penal Code §13700(b) as abuse committed against a minor or adult who is currently or was formerly the abuser’s spouse or cohabitant. It also includes a person with whom the abuser shares a child or is having or has had an engagement or dating relationship.

Misdemeanor Domestic Battery

The specific charges you face make a difference in the average sentence for domestic violence in California. Under California Penal Code §243(E)(1), domestic battery is committed against the persons defined in the domestic violence statute.

The maximum jail sentence for a domestic battery conviction is one year in county jail. However, judges may order probation, fines, and mandatory domestic violence classes. A judge may also issue a protective order restricting contact with the victim.

Corporal Injury – Felony or Misdemeanor

Domestic violence under California Penal Code §273.5 can be charged as a felony or misdemeanor. It is what is known as a wobbler offense and requires a person to willfully inflict corporal injury to a person defined under the domestic violence section. The severity of the offense and other factors determine the charge.

The potential penalty for domestic violence under this section is up to one year in county jail for a misdemeanor charge. If you are charged with felony corporal injury, you can be sentenced to two, three, or four years in prison.

The judge may also impose fines ranging from $6,000 to $10,000 for a conviction. Judges may also issue a protective order as part of the sentence.

Factors That Impact Sentencing in Domestic Violence Cases in San Jose, CA

The factors in a case impact the average sentence for a domestic violence charge. Because the circumstances of each case are unique, it is difficult to state an average that applies to each case.

Factors that affect a sentence in a domestic violence case include:

Criminal history: Your past criminal charges are a factor. If you have previous domestic violence convictions, you may face the maximum sentence for your charges.
Use of weapons: The sentence for domestic violence increases when the abuser uses a weapon to commit the crime. Use of a weapon is considered an aggravating circumstance.
Severity of injuries: Causing injury to a person increases the sentence for domestic violence. Generally, severe injuries and life-long impairments result in much harsher sentences than cases involving minor injuries.
Children present: Committing domestic violence in the presence of a child is also considered an aggravating factor, which could increase the sentence for a conviction.
Accepting a plea deal: Your attorney may negotiate a plea deal that includes reduced charges and recommendations for a more lenient sentence.

Showing remorse and taking responsibility for your actions can also impact your sentence. However, cooperating with the police can also make it easier for the prosecutor to obtain a guilty verdict. It is best to remain silent until you can consult a criminal defense attorney to determine the best strategy for your criminal case.

Collateral Consequences After a Conviction for Domestic Violence

A conviction of domestic violence under any statute in California can result in consequences that go beyond incarceration, fines, and protective orders. Collateral consequences defendants may also face include:

Loss of or denial of a professional license
Deportation or denial of re-entry to the United States for non-citizens
More difficulty finding or keeping a job if an employer conducts a background check
Ineligibility for some government assistance programs
Loss of the right to own or possess a firearm
Damage to your professional and personal reputation
Problems with child custody and/or visitation

It is essential to consider the potential collateral consequences of a domestic violence charge. Even if the charge is a misdemeanor and you can negotiate a plea deal for probation, you will have a criminal record.

Consult with a personal injury attorney before pleading guilty to domestic violence charges in California.

Potential Defenses To Domestic Violence Charges

An experienced San Jose domestic violence lawyer investigates the charges against you to determine potential defenses. The defenses to domestic violence charges include, but are not limited to:

Using self-defense to protect yourself or someone else from harm.
You have an alibi that proves you could not have committed the crime.
False allegations of domestic violence, such as a parent trying to obtain an advantage in family court or an ex seeking revenge.
You did not intend to cause an injury to the alleged victim. The incident was an accident.
The prosecutor does not have sufficient evidence to prove each of the legal elements required for a conviction.
You and the alleged victim were in a physical altercation where each of you caused the other injury (i.e., mutual combat).
Procedural errors by law enforcement officials and violations of your civil rights.

Prompt legal advice can improve your chances of presenting a successful defense to domestic violence charges. Early investigation allows an attorney to obtain and preserve evidence to use in the defense. An attorney counsels you to avoid mistakes and errors that could hurt your defense.

Protect Your Rights After a Domestic Violence Charge in California

Domestic violence law covers physical violence, as well as threats, emotional abuse, and financial control. False accusations can occur and complicate custody and immigration matters.

For more information and legal defense strategies, consult attorneys experienced in California domestic violence law, who can provide guidance based on the latest state statutes and local court practices.

Contact Ahmed & Sukaram, Criminal Defense Attorneys, for a confidential consultation with a San Jose domestic violence attorney.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500