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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4828
Experience:  Experienced in state and federal criminal litigation.
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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: 7 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 7 years ago.
If you are convicted of Penal Code 243(e)(1) pc California domestic abuse, you face the following penalties:

up to one year in the county jail

a maximum $2,000 fine

informal (otherwise known as summary) probation for up to three years

If probation is granted, (which is typical with this offense) the court will require you to successfully complete a minimum one-year batterer's program. The court may also require (in lieu of the maximum $2,000 fine),

that you pay a maximum of $5,000 to a battered women's shelter, and/or

that you reimburse the accuser for

(a) reasonable fees associated with any therapy, and/or

(b) any other reasonable expenses that were incurred as a result of the abuse. Examples may include medical expenses and/or property repairs.

I hope that helps. If so, please click the "Accept" button. Good luck!
Customer: replied 7 years ago.
what if it is a first time offense and has no priors? is it likely for him to face jail time?
Expert:  TexCrimLawyer, J.D. replied 7 years ago.
If you have no priors, and the assault was not severe, then most judges will give probation. As with any sentencing, however, it depends almost entirely on the judge, but the odds are very high that you will receive probation with several conditions.
Customer: replied 7 years ago.
do you think it is possible for jail time though? there is no visible bruises or cuts on me and i plan to drop charges if possible. the call was basically made in the heat of the moment and i completely regret it now..
Expert:  TexCrimLawyer, J.D. replied 7 years ago.
I think jail time is extremely unlikely, but it always remains a possibility.
Customer: replied 7 years ago.

okay is there any advice i can give him? he is getting an attorney and i am planning on telling whomever i have to that it was a mistake and an overreaction and that i dont want to press charges.. will that help him in any way? i am juse worried about him goign to jail..

Expert:  TexCrimLawyer, J.D. replied 7 years ago.
You can try to call the district attorney and file an affidavit of non-prosecution. That only means that you want to drop charges, but it does not mean that the DA has to drop them.
Customer: replied 7 years ago.
okay at the d.a. will they automatically have my information and what he was charged wiht?
Expert:  TexCrimLawyer, J.D. replied 7 years ago.
Yes. Tell them the name of the defendant.
If my answers have been helpful, please click "Accept" (that's how I get credit for my work).
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