QUESTION
Can a class A misdemeanor be enhanced into a felony?
Asked on Apr 20th, 2014 on Criminal Law - Utah
More details to this question:
It is my understanding that a Domestic Violence offense is a class "A" misdemeanor. However, I have a number of prior felony convictions in another state. Could these priors be used to enhanced the Domestic Violence to a felony?
4 ANSWERS
Criminal Defense Attorney serving Visalia, CA
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The Law Office of Gregory Hagopian
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California does not have classes of misdemeanors. California does have certain crimes that can be charged either as a misdemeanor or felony. These are usually called "wobbler" offenses. Domestic violence is not one of these. Domestic violence is a misdemeanor in California unless the victim is left in a "traumatic condition" in which case it is a felony. What qualifies as "trauma" is a subject of some debate, but suffice it say that a red mark or bruise, or any other injury is probably sufficient.
Answered on Apr 22nd, 2014 at 10:41 AM
James Edward Smith
Yes, if the DA has the certified convictions.
Answered on Apr 22nd, 2014 at 10:33 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It depends upon the statutes of the state you are currently being charged in. Prior DV convictions can often raise a misdemeanor DV to a felony.
Answered on Apr 22nd, 2014 at 10:31 AM
1 Award
Yes, depending on what the felony convictions are for, the Domestic Violence could be enhanceable. A prosecutor will make the decision.
Answered on Apr 21st, 2014 at 2:24 PM