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

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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: 7 months ago.Category: Criminal Law
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1/7/2018
Criminal Lawyer: James Daloisio, Lawyer replied 7 months ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 852
Experience: 30 years experience in criminal law, continuing education.
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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.

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 7 months ago
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 32,786
Experience: 10+ years defending Misdemeanor and Felony cases.
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Good morning. Thank you for requesting me. Please let me know what I can do to help.

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 7 months 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!

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