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California Lawyer
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my son was actually charged with pc 243(d) and pc 417(a)(2)

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my son was actually charged with pc 243(d) and pc 417(a)(2) what does this mean? He had a $35000. fine and came out on bail what would he be facing if he is found guilty or what posibilities of lesser charges. The police told me all the witnesses say they did not see a gun. Do you know of Lawyers that don't charge so much or is there any programs to get council on this.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  California Lawyer replied 4 years ago.

Hello,

 

PC 243D is battery with serious bodily injury. That can get you up to a year in the county jail or 2, 3,or 4 years in state prison.

 

PC 417(a)2 is (essentially) brandishing a firearm in a threatening manner or using one unlawfully in a fight. That can get him another year in the county jail.

 

In most cases the DA will offer a plea bargain, but what that will be and the ultimate disposition of the cases rests on a lot of factors.

 

We don't/can't recommend attorneys here. In the end, at minimum he will have the help of the public defender.

 

I hope this helps.

 

DCG

Customer: replied 4 years ago.
what is the difference on county jail or state prison and why would they choose one or the other? And can he get a public defender before going to court? If yes what would he need to do. Thank you
Expert:  California Lawyer replied 4 years ago.

The county jail is usually for sentences of up to a year. Fairly minor stuff. More than that and one is likely headed to state prison. As far as an attorney, the first step is that he will be arraigned, where they talk about bail, the charges are read, and an attorney will be assigned if he cannot afford his own.

 

Until then there is really nothing he can do. He is not expected to make any substantive statements at arraignment or even deny the charges.

 

DCG

California Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 850
Experience: Licensed to practice law in California
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