Sentencing exposure by statute
| Statute | Level | Custody exposure |
|---|---|---|
| §243(e)(1) domestic battery | Misdemeanor | Up to 1 year county jail |
| §273.5 corporal injury | Wobbler | Up to 1 year (misdemeanor) or 2, 3, or 4 years (felony) |
| §273.5 with prior §273.5 conviction (7 yrs) | Felony | Elevated triad, up to 5 years |
| §273.5 with great bodily injury (§12022.7) | Felony + enhancement | Additional consecutive years |
| §422 criminal threats | Wobbler | Up to 1 year, or 16 months–3 years |
| §646.9 stalking | Wobbler | Up to 1 year, or 16 months–3 years |
Probation is common on first-time misdemeanor filings, but California requires a minimum 52-week batterer's intervention program as a condition of probation in DV cases, plus fees and often a protective order for the length of probation.
What drives the number up
- Visible or traumatic injury, which pushes §243(e)(1) toward §273.5.
- Strangulation allegations.
- A weapon, or a child present.
- Prior DV convictions within seven years.
- Violating a protective order while the case is pending — see EPO violations.
Custody before sentencing is the part you control
Most of the jail time people actually serve in a first-filing DV case is pretrial, waiting for a case to resolve. That is the piece a bond fixes the same night. Bail on these filings commonly runs $10,000–$25,000 on a misdemeanor battery and starts near $50,000 on a felony §273.5 — see how bail is determined for DV charges.