California Law assault and battery charges?
I have a couple of questions about the laws in california regarding assault and battery charges. Here is the deal. My 28 year old brother and his girlfriend went to california from north carolina to visit some family. They got in to a fight while at the hotel, the neighbor at the hotel called the cops. My brother went to jail. He shoved her and she hurt her ankle. He is currently being bailed out, has court on thurday, and is or was planning on returning back home (north carlonia) on sunday. Is assault and battery a feloney in CA, and what do you think the judge will do. Do you think they will keep in CA? Anyone delt with this before. Personally, I hope they keep his @SS. He has been in trouble one other time for assault and battery against my grandfather in 1999. Charges were droped if I remember right. Will that charge in 1999 that took place in north carolina show up before the judge in CA?. Thanks
- 1 decade agoFavorite Answer
Depending on the status of their relationship and what type of injuries she sustained will determine whether it is a felony or not.
If they live together (or used to), are married (or used to be to each other), or have a kid together and he caused a visible or "traumatic" injury (ankle?), then it is a felony.
If they are simply bf/gf and he caused no significant injury, then it's just a misdemeanor.
CA Penal Code 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.
Or CA Penal Code 273.5:
(a) Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or
the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for
two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.
(b) Holding oneself out to be the husband or wife of the person
with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this section.
(c) As used in this section, "traumatic condition" means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by a physical force.
Hope this helps.Source(s): Police officer
- 5 years ago
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California Law assault and battery charges?
I have a couple of questions about the laws in california regarding assault and battery charges. Here is the deal. My 28 year old brother and his girlfriend went to california from north carolina to visit some family. They got in to a fight while at the hotel, the neighbor at the hotel called the...Source(s): california law assault battery charges: https://bitly.im/1Wx3K
- ?Lv 61 decade ago
California takes charges of this nature very, very seriously. They all are felony charges and are almost always prosecuted. If he is posting bail somebody is putting up money or property that will be lost if he leaves the state. It is very likely that the bail amount was set based on the prior charge or at least bail was required because of it. If he was not convicted that may not be the case. if he is convicted in CA the prior incident can be used at sentencing if it is similar in nature. Domestic violence is just about the worse thing you can do in CA other than those case in which some one is seriously injured.
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- coragryphLv 71 decade ago
Prior bad acts are generally not admissible, unless they relate to the same person. And if the prior charges were dropped, it's very unlikely they will be admitted.
But the ultimate decision is up to the judge, if the prosecutor tries to admit the prior incident as evidence.
- Patrick CLv 41 decade ago
It's a misdeamenor, but tell him to go back to NC. to take care of it with proper representation.