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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12764
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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what are the charges for a first time misdemeanor domestic

Resolved Question:

what are the charges for a first time misdemeanor domestic violence PC 243 (e) (1)?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 3 years ago.

Hello. My name is XXXXX XXXXX I will be glad to help you.

 

PC 243 (e) (1) When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer's treatment program, as defined in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIIIB of the California Constitution

Customer: replied 3 years ago.

i understand what the actual penal code is but what is the most common punishment for first offenders?

 

Expert:  Alex J. Esq. replied 3 years ago.

If you don't have any priors you can probably make a plea deal with a suspended sentence and a treatment program. Jail time is unlikely unless you take it to trial, then if you lose it's a fair game and you might be looking at 4-8 months in jail and a fine of about a $1,000.

Expert:  Alex J. Esq. replied 3 years ago.
If I have answered your question, please click on the accept button as it is the only way I get pail. Bonus is always appreciated, but not required. Thanks
Customer: replied 3 years ago.
so at his 1st court date on the 15th they will decide whether or not to press charges? and he is getting a lawyer.. is it likely that he will get jail time? is it common to just get community service and pay a fine for 1st time offense and absolutely no priors?
Customer: replied 3 years ago.
what do you mean if you lose?
Customer: replied 3 years ago.
its not my son its my boyfriend.. and is jail time likely for a first offense of domestic violence and absolutely no prior?
Expert:  Alex J. Esq. replied 3 years ago.

Sorry disregard the last message it was posted to you by mistake.

 

By lose I mean, if you take this charge to trial and get convicted (found guilty)

Expert:  Alex J. Esq. replied 3 years ago.
I think there is a good chance if you have a skilled criminal attorney to enter into a plea deal with no jail time, but treatement will very likely be part of the deal. The reason is, judges like to see rehabilitation.
Customer: replied 3 years ago.
okay so can you be frank with me and tell me if any cases you have heard about have led to jail time if there are no priors, 1st domestic violence charge, and no visible cuts or bruises on me? and he would much rather do classes than jailtime obviously, is there anything i can tell his attorney to help make sure he does not go to jail?
Expert:  Alex J. Esq. replied 3 years ago.

The problem with this statute that it does not require any visible injuries and it is very harsh. For example there have been cases where a husband would try to grab his wife's hand in a movie theater during a verbal arguement with no other intention but to get her attention and no bruising or injury while someone call 911 and even though both denied any type of a problem, husband got charged with the same offence.

 

If your bf has a skilled criminal attorney, and you will counter any allegation that will be brought forward by a prosecutor, I think they might just dismiss it, because you are a victim, and if you testify for the defender they will have no case.

Expert:  Alex J. Esq. replied 3 years ago.
If I have answered your question, please click on the accept button as it is the only way I get paid. Bonus is always appreciated, but not required. Thanks
Customer: replied 3 years ago.
oh alright so it is best to act with the defender instead of even talk to the prosecuting attorney to avoid jail time
Expert:  Alex J. Esq. replied 3 years ago.

You should never ever try to negotiate on your own in a criminal matter with prosecutors. You should only communicate with the prosecutor through your attorney.

 

 

Prosecutors are always looking for results at any cost, not all but many.

Customer: replied 3 years ago.
i would be on the side of the prosecution because i was on the other side of the domestic violence but i dont want to prosecute him so it would hurt my boyfriend to try and negotiate with the prosecuting attorney? would it be wrong to meet with the defense attorney?
Expert:  Alex J. Esq. replied 3 years ago.

If you don't want your boyfriend prosecuted you can not just tell prosecutor that you lied about it (that is if you made the complaint), because then you can be charged with filing a false report, however if you feel that you might of been angry and overreacted you should tell both the prosecutor and the defense attorney.

 

I did understand that you were the complainant/victim, but once again if they can not put you on the stand they do not have a very strong case.

Customer: replied 3 years ago.
okay is there any way it can be resolved at the first court date on the 15th?
Expert:  Alex J. Esq. replied 3 years ago.
Sure, if prosecutor will feel that he doesn't have much of a case it can be over right there, furthermore if you tell prosecutor that you will become what is called "a hostile witness" meaning you will testify not against, but in defense of your husband I think he would be inclined to dismiss charges.
Customer: replied 3 years ago.
okay great so i will tell both the prosecuting and defense attorneys that i plan to testify on behalf of my boyfriend if it goes to trial because i felt like i acted out of anger and overreacted.. is that the correct way to state it without getting myself in trouble?
Expert:  Alex J. Esq. replied 3 years ago.
Just tell the truth and how you feel I will not coach you or anyone else to be untruthful. If that's what happened it seems to me as a very acceptable explanation that should not warrant any type of accusations toward you.
Customer: replied 3 years ago.
yea it is what happened i reacted out of anger i just want to make sure i word it the right way so neither of us get in trouble.
Expert:  Alex J. Esq. replied 3 years ago.
Well, then your statement does sound as an excusable overreaction.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12764
Experience: Experienced Licensed Attorney / Criminal Law Mentor
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