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