Legal Question in Criminal Law in California

Re: probation

That depends upon a number of factors:

1. How serious were the injuries;

2. The county in which the injury occurred or you were arrested in.

3. Priors criminal convictions, and what those convictions were for.

4. Attitude of the victim.

etc.

Re: probation

I intend to only suppliment L. Johnson's reply.

He can go to jail or prison, but most often these cases plead guilty, and the defendant is sentenced to probation with some classes in anger management ordered by the court. If the case is tried and he is found guilty they may add a couple of weekends in jail to the above for exercising his constitutional right to a jury trial by his peers.

This assumes he's a pretty good guy and no serious injuries occured.

He'll also not be permitted to seek certain employment due a restriction that he never own or carry a gun after he suffers a conviction for spousal or co-habitant abuse. Even if a gun was not involved in the incident. Why? Because he can't be trusted anymore. So little by little his rights as a citizen will be chipped away. And with any future problems the severity of the sentence for each offense gets worse.

Re: probation

Thanks for your email. The law sets a minimum and a maximum for each crime. For domestic abuse, or PC 273.5, and assuming that the charges are not plea bargained to something else, you might face, minimum, probation, a temporary domestic violence restraining order, a 52 week anger management/batterer's treatment program, and some minimum fines and fees.

However, if the injuries are serious, or if the case was filed as a felony, you might be looking at up to the maximum, depending upon the enhancement allegations (whether a gun was used, again how serious the injuries, priors, etc.), and that might be jail or prison time.

If you'd like to give me more details, I'd be happy to go over a more detailed answer. Please feel free to email me or call at 1-877-568-2977. Thanks.