Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

CrimDefense, I was initially charged with PC 273.5 (f) in a…

Customer Question
Hi CrimDefense, I was initially...
Hi CrimDefense, I was initially charged with PC 273.5 (f) in a domestic violence case that happened Nov. 6, 2017, but now I'm charged with PC 242-243(e) in for the same incident. Could you please explain what the difference is and which is a lesser charge?
Submitted: 1 month ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 7 hours by:
1/7/2018
Criminal Lawyer: James Daloisio, Lawyer replied 1 month ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 233
Experience: 30 years experience in criminal law, continuing education.
Verified

Hi, my name is ***** ***** welcome to Just Answer.

I see that you directed this post to another expert but it was on my list of open questions, so I hope you don't mind my responding.

273.5(f) is a serious offense. It is titled "corporal injury to spouse," and the fact that it requires that some injury be inflicted on the victim makes it more serious than a simple battery. Being charged under subdivision (f) means that you have had one or more prior convictions for some type of battery. Depending upon what crime you were formerly convicted of, the result would be to increase the potential maximum sentence to 2, 4, or 5 years, or one year in county jail, plus a $xxxx fine under subd. (f)(1) for a prior under PC 243(a), 243(d), 243.4, 244, 244.5, or 245; under subd. (f)(2) for a prior conviction for 243(e), the maximum possible punishment would be 2, 3, or 4 years in state prison, or one year in county jail, plus a $xxxxx fine. By comparison, a first offense with no prior convictions is punishable by 2, 3, or 4 years in state prison, or one year county jail, plus a $xxxx fine.

243(e) is a misdemeanor domestic battery. It's punishable by up to one year in county jail and/or a fine of up to $xxxx. Both offenses require substantial domestic violence counseling if probation is granted. 243(e) is a misdemeanor. 273.5 can be charged alternatively as either a felony or a misdemeanor (a "wobbler").

Hope that answered your question. If so please don't forget to rate this answer. And thank you for using Just Answer.

Ask Your Own Criminal Law Question
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 1 month ago
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 30,025
Experience: 10+ years defending Misdemeanor and Felony cases.
Verified

Good morning. Thank you for requesting me. Please let me know what I can do to help.

Ask Your Own Criminal Law Question
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 1 month ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask CrimDefense Your Own Question
CrimDefense
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 30,025
30,025 Satisfied Customers
Experience: 10+ years defending Misdemeanor and Felony cases.

CrimDefense is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My daughter was put in jail for domestic violence but the da
My daughter was put in jail for domestic violence but the da dropped it. Now, her ex boyfriend had a restraining order on her to see her son. He also, will not let her get her belongings out of the ap… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,294 satisfied customers
In NYS can a victim of domestic violence be compelled to
In NYS can a victim of domestic violence be compelled to take the stand if she does not want to testify? NYS Criminal lawyer please respond.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I got a domestic violence in n.y.c ongame me a gun license
I got a domestic violence in n.y.c on*****game me a gun license and the atf took my gun away because the case on 1998 that is 20 years ago I need my license back I am living in Leesburg Georgia I am a… read more
Zoey, JD
Zoey, JD
Doctoral Degree
182 satisfied customers
In 1999 was charged with simple domestic violence. Lost the
Anything else you want the lawyer to know before I connect you?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
182 satisfied customers
In a domestic violence case where the alleged victim
In a domestic violence case where the alleged victim discovered an injury weeks after the incident, does the prosecution have to prove that the injury was caused by the battery in order for it to be u… read more
CrimDefense
CrimDefense
CriminalDefenseAtty
30,025 satisfied customers
Im fighting a f4 domestic violence and the victim went to
im fighting a f4 domestic violence and the victim went to new York and got married im in ohio don't I have a right to face my accuser for them to convict me … read more
Zoey, JD
Zoey, JD
Doctoral Degree
182 satisfied customers
I was convicted for domestic violence (felony CA) and my
I was convicted for domestic violence (felony CA) and my record was expunged. Can I own a firearm? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,173 satisfied customers
If my husband who was arrested for domestic violence, also
if my husband who was arrested for domestic violence , also has a record with the D.C.Y.F , plus a past domestic violence.. do any have a statue of limitations ? does the dcyf record of abuse towards … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband is in jail for domestic violence. What is the
My husband is in jail for domestic violence. What is the usual punishment in the state of California? … read more
CrimDefense
CrimDefense
CriminalDefenseAtty
30,025 satisfied customers
In a domestic violence case, can a DA prove beyond a
In a domestic violence case, can a DA prove beyond a reasonable doubt I, defendant, is guilty if there are no witnesses (none of our 2 kids saw or heard anything), police arrived after it happened, an… read more
CrimDefense
CrimDefense
CriminalDefenseAtty
30,025 satisfied customers
I would like to know if a domestic violence felony offence
I would like to know if a domestic violence felony offence convicted in juvenile court 2 years ago canbe appealed. A misdemeanor with jail time was offered but in the confusion felony without jail time was chosen The sentence was probation that was completed in July 2017 … read more
Zoey, JD
Zoey, JD
Doctoral Degree
182 satisfied customers
If someone was charged 2 counts of battery domestic violence
if someone was charged 2 counts of battery domestic violence 25 years ago can he purchase a gun in the state of fla and and this was hisfirst time in trouble with the law and he serverd only probation… read more
James Daloisio
James Daloisio
Lawyer
233 satisfied customers
My partner filed a domestic violence report but did not
My partner filed a domestic violence report but did not press charges , the police told her they would come looking for me, what should I do … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,814 satisfied customers
Was involved in a Domestic violence case with my wife.
Was involved in a Domestic violence case with my wife.Incident details: Had an argument and accident in the kitchen involving my wife, during which i accidently touched a hot pan her upper chest area … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was convicted of domestic violence in WA state in 2010.
I was convicted of domestic violence in WA state in 2010. Since then, I have moved to Virginia, and wish to purchase a muzzleloader/black powder rifle to hunt with. It is my understanding that Virgini… read more
Zoey, JD
Zoey, JD
Doctoral Degree
182 satisfied customers
I was wondering if a domestic violence victim wants to drop
Hi good evening I was wondering if a domestic violence victim wants to drop charges can the state pick up the charges? … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,063 satisfied customers
My Son was arrested last night for a domestic violence
Hi, my Son was arrested last night for a domestic violence charge, we go to court tmrw, judge said if he plays guilty he can give him the minimum which is a class, and that would keep it off of his re… read more
CrimDefense
CrimDefense
CriminalDefenseAtty
30,025 satisfied customers
If someone plead guilty to a misdemeanor domestic violence
Hello, if someone plead guilty to a misdemeanor domestic violence and the police report shows he had a false social security number and driver's license (which was not true) and we have requested a ce… read more
LegalGems
LegalGems
Juris Doctorate
11,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x