Legal Question in Criminal Law in California

Misdemeanor Battery

What is the maximum penulty for this? and what is the minimum?


Asked on 12/09/01, 7:21 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Misdemeanor Battery

Thanks for your posting.

In California, Penal Code Section 242 (battery), if filed as a misdemeanor, has a minimum sentence that includes a $100 contribution to the victim's restitution fund.

The maximum includes a fine of $1,000 plus penalty assessments as set by the county, and up to one year in county jail.

Thanks again, and if you have any further questions, please email or call me at 1-877-568-2977, and I'll be happy to help in any way that I can.

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Answered on 12/09/01, 7:25 pm
Victor Hobbs Victor E. Hobbs

Re: Misdemeanor Battery

I've read Robert M's reply. I believe it is six months in the county jail. Unless it is a police officer that is battered. Then it is a year. However, you can expect that they'll offer you a lot less time for a guilty plea. But in addition require a period of probation. So that if you are charged again. They can sentence you to the time on the next charge. And then add on some extra for the probation violation for committing a new crime.

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Answered on 12/09/01, 7:48 pm


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