Legal Question in Criminal Law in California

Re: 243(e)(1) pc, bat:spouse/ex sp/date/etc

Nobody is found guilty on their first court date. This is a serious offense and depending on the circumstances he could go to state prison. He had better hire a lawyer to go to the first court date with him.

Re: 243(e)(1) pc, bat:spouse/ex sp/date/etc

If someone if found guilty of a misdemeanor 243(e)(1), the sentencing range set forth by the legislature is below. Unrelated to the actual sentence of his case, if he is not a citizen of the United States a domestic violence conviction could be grounds for deportation, denial of naturalization, denial of re-entry and he cannot own a gun for 10 years.

"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.

(2) Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:

(A) That the defendant make payments to a battered women's shelter, up to a maximum of five thousand dollars ($5,000).

(B) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense.

For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant's ability to pay. In no event shall any order to make payments to a battered women's shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted."

Re: 243(e)(1) pc, bat:spouse/ex sp/date/etc

If convicted -- a year in jail, fines, batterers programs, etc. He needs an attorney as early as possible. Beginning with this arraignment. Feel free to contact me if he is serious about doing so, if the case is in SoCal.