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  1. #1
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    Jun 2012
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    Default Charged with an Assault and Battery, PC 243(E)(1)

    My question involves criminal law for the state of: California

    I was out tonight and my friend(idiot) decided to pull a prank on me and say that my girlfriend had been acting inappropriately at a bar around the corner from where i was. I saw her outside of the bar and grabbed her by the arm. We have been dating for 2 years and have never gotten physical or really ever get into verbal fights. There were a few cops right in front of us when this happened. At first one of the cops told me to just go home, then another stopped me and started asking me questions. They also questioned my girlfriend and her friend and they emphasized that it was not a big deal. My girlfriend told the cop that charges would definitely not be neccessary. The cops told my girlfriend i was not going to face any punishment and that they would release me immediately as they drove off with me in the back of the cop car. I guess they lied. Eventually the Officer arrested me and took me back to the station. He lectured me for about 5 minutes about how my Girlfriend was very pretty and i needed to re-examine my life and then let me go. I realize that as there were cops right in front of me they are witnesses, however there seemed to be some disagreement between the cops. The one who insisted on arresting me took me in his car and back to the station.

    I'm wondering what type of punishment I can expect for this. I have a court date scheduled for a month from today according to the officer. How should i go about handling this.
    What I'm worried about is whether this will affect my ability to gain employment in the future. I am 23, work for a software company, and am only just starting my career. I have never been in any sort legal trouble before.

    I appreciate anyone who might have any input. I've read every forum post on this subject on here, but thought that my case may have slightly different circumstances. Thanks

  2. #2
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    May 2011
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    Illinois
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    Default Re: Recently Charged with an Assault and Battery 243 E-1

    Looks like you could be facing a year in jail or possibly probation with fees, fines, 52 weeks of dv counseling and a reporting officer. Not sure about expungment possibilities. You can't expunge that where I'm from.

  3. #3
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    Default Re: Recently Charged with an Assault and Battery 243 E-1

    A year in jail? really? I did not have the intent to harm her, just get her attention. When i spoke to the cop about possible outcomes he mentioned having to pay a citation, and possibly some sort of anger management program in lieu or the fine.

    Can someone tell me about the process i'm supposed to go through, I was in and out of the police station in 5 minutes and didn't really get any information about the process. Would a Lawyer other than a court appointed one help me in this circumstance? Is there a chance I can avoid being convicted by agreeing to some program? I'd like to avoid having to state that i've been "convicted of a crime" on a jobe application if at all possible. I realize this is a serious charge, but a year in jail seems insanely harsh considering they were just going to let me leave the scene without reporting it.

    - - - Updated - - -

    Would some sort of letter from my girlfriend explaining the situation and asking for leinience, or having her come to court with me help my case at all?

  4. #4

    Default Re: Recently Charged with an Assault and Battery 243 E-1

    [QUOTE=victrons;626283]A year in jail? really?{/quote]

    Possible under the law? Yes. Probable, with no criminal history and no injury, no. But now that there's been an arrest, you need to make damn sure there isn't a NEXT time, with this girlfriend or any other in the future.


    I did not have the intent to harm her, just get her attention.
    Problem is that you don't get to grab people, even people you're dating. Grabbing a woman isn't ever going to end well, and doing it in front of police is going to be, more often than not, a window seat in a police cruiser for the ride downtown, especially once they find out that there is a relationship (making the grabbing a potential domestic violence case).


    When i spoke to the cop about possible outcomes he mentioned having to pay a citation, and possibly some sort of anger management program in lieu or the fine.
    No disagreement there.


    Can someone tell me about the process i'm supposed to go through, I was in and out of the police station in 5 minutes and didn't really get any information about the process.
    If the state (the district attorney) files charges on you, you'll be notified to appear. At that point you'll plead guilty or not guilty, potentially ask for a public defender if you qualify, and the case moves forward from there.


    Would a Lawyer other than a court appointed one help me in this circumstance?
    Any attorney you pay to assist you. You'll want to look under criminal defense attorneys in places like your local yellow pages or online via your State Bar Association.


    Is there a chance I can avoid being convicted by agreeing to some program? I'd like to avoid having to state that i've been "convicted of a crime" on a jobe application if at all possible. I realize this is a serious charge, but a year in jail seems insanely harsh considering they were just going to let me leave the scene without reporting it.
    This is what you should be discussing with your attorney. What alternatives might be available can only be determined on a community by community basis because not all communities have the same alternatives.



    Would some sort of letter from my girlfriend explaining the situation and asking for leinience
    Courts don't read letters. Courts hear testimony from people on the stand.


    or having her come to court with me help my case at all?
    Be careful that you don't risk an additional potential charge of tampering with or intimidating a witness (prosecutors look for that stuff in potential DV cases). It's not up to her if the state brings charges, and prosecutors know that some 80% of victims, even legit victims, want to try to stop or interfere with the case. TALK TO YOUR ATTORNEY.
    Catherine NeSmith
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  5. #5
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    Default Re: Recently Charged with an Assault and Battery 243 E-1

    Talk to a lawyer. If you can't afford one, the court will provide one for you. More than likely, probation will be the outcome.

    Having your girlfriend write a letter or speak on your behalf could backfire as most courts understand that there is a lot of minimizing when it comes to domestics.

  6. #6
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    Default Re: Charged with an Assault and Battery, PC 243(E)(1)

    Quote Quoting victrons
    View Post
    Eventually the Officer arrested me and took me back to the station. He lectured me for about 5 minutes about how my Girlfriend was very pretty and i needed to re-examine my life and then let me go. I realize that as there were cops right in front of me they are witnesses, however there seemed to be some disagreement between the cops. The one who insisted on arresting me took me in his car and back to the station.
    The problem was that you committed misdemeanor domestic violence in their presence. As a result, they had probable cause to believe the battery occurred. The next step was to evaluate what agency policy says about such things. Chances are their agency policy said that an arrest shall be made if there exists probable cause to believe that the DV has occurred. Hence, you were arrested.

    When you say they let you go, did they issue a citation? Did they just walk you out the front door? What

    Were you fingerprinted? Photographed?

    I'm wondering what type of punishment I can expect for this. I have a court date scheduled for a month from today according to the officer. How should i go about handling this.
    Consult legal counsel. If you cannot afford legal counsel, the court should appoint you counsel at or about the time of arraignment.

    As viol8te mentioned you could go to jail for a year, face fines and fees, and counseling. There may be a diversion program for first offenders, but that's something you will have to ask about.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  7. #7
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    Default Re: Charged with an Assault and Battery, PC 243(E)(1)

    Quote Quoting cdwjava
    View Post
    The problem was that you committed misdemeanor domestic violence in their presence. As a result, they had probable cause to believe the battery occurred. The next step was to evaluate what agency policy says about such things. Chances are their agency policy said that an arrest shall be made if there exists probable cause to believe that the DV has occurred. Hence, you were arrested.

    When you say they let you go, did they issue a citation? Did they just walk you out the front door? What

    Were you fingerprinted? Photographed?


    Consult legal counsel. If you cannot afford legal counsel, the court should appoint you counsel at or about the time of arraignment.

    As viol8te mentioned you could go to jail for a year, face fines and fees, and counseling. There may be a diversion program for first offenders, but that's something you will have to ask about.
    They took my picture and issued a citation but no fingerprint. The cop then drove me to my car. I've gotten a hold of my aunt who is a lawyer. Although this is not her specialty, she worked in a DA's office for a few years so I'm hoping she can provide me some guidance. I really appreciate everyone's feedback so much.

  8. #8
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    Default Re: Charged with an Assault and Battery, PC 243(E)(1)

    Quote Quoting victrons
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    They took my picture and issued a citation but no fingerprint.
    Odd that you were released with a citation after an arrest for PC 243(e) ... very odd. You got lucky as this may not even result in a criminal offender record unless the DA files and you are required to present yourself for booking (which might occur before or after arraignment).
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  9. #9
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    Default Re: Charged with an Assault and Battery, PC 243(E)(1)

    Quote Quoting cdwjava
    View Post
    Odd that you were released with a citation after an arrest for PC 243(e) ... very odd. You got lucky as this may not even result in a criminal offender record unless the DA files and you are required to present yourself for booking (which might occur before or after arraignment).
    What should normally happen in these cases? I think it's a citation, it's just a small green sheet of paper that says my name and 243 e-1 p.c in the cops handwriting, pretty similar to how a traffic ticket would look.

  10. #10
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    Default Re: Charged with an Assault and Battery, PC 243(E)(1)

    Quote Quoting victrons
    View Post
    What should normally happen in these cases? I think it's a citation, it's just a small green sheet of paper that says my name and 243 e-1 p.c in the cops handwriting, pretty similar to how a traffic ticket would look.
    Normally people get booked into jail for this. THEN the jail might issue a citation to appear, but it is rare to issue a notice to appear for 243(e). But, there is no law prohibiting the practice, it is just rare - likely due to the possibility that a victim might be additionally abused and injured after the suspect is released.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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