The severity of the penalty depends on whether you are charged with a misdemeanor or felony. If it’s a misdemeanor, the typical charge is 243(e)(1) if the injuries are minor or there are no injuries, which could result in up to 164 days in jail, a 52-week domestic violence prevention class, three years of summary probation, and restitution to the victim, and a loss of gun rights (even for a misdemeanor case), and a complete stay-away order from the alleged victim. This means moving out of the home you share with the “victim.” A charge of 273.5 PC is typically for felony domestic violence, usually where the injuries are severe or lasting. 273.5 PC can also be charged as a misdemeanor for those situations where the alleged conduct and injury is worse than a 243(e)(1) but less than a felony 273.5. It all depends on the facts and circumstances of the incident and the injuries received by the victim.