Legal Question in Criminal Law in California

Penal Code section 273.5 is a "wobbler" and can be charged as either a felony or a misdemeanor. As a misdemeanor, it carries up to one year in county jail. As a felony, it carries either 2, 3 or 4 years in state prison - or the judge could grant probation and impose county jail time up to a year.

What you will actually get depends on whether or not you have a record, the facts of the case, the judge, the DA and to some extent, your attorney.