Is A 242 Battery the Same as Domestic Violence in California

Nervous1 · #1 11-25-2007, 11:19 AM

Hello anyone!

More than ten years ago I plead guilty to a 242 Misdemeanor Battery in California. I was sentenced to three years probation and one year of domestic violence classes.

The original charge that got dropped was 243e Domestic Violence against a person of former dating relationship.

My question is: Was I convicted of a Crime of Domestic Violence under California or Federal law??

Thank you in advance for your reply.

aaron · #2 11-25-2007, 11:24 AM

CPC 242 simply defines "battery":

Quoting California Penal Code § 242

A battery is any willful and unlawful use of force or violence upon the person of another.

Nervous1 · #3 11-25-2007, 11:33 AM

Hi aaron,

Thank you for the reply.

I am still very worried that because of the nature of the case that it is considered a Crime of Domestic Violence.

Or am I wrong to worry?

cdwjava · #4 11-25-2007, 11:44 AM

PC 242 is battery (non-DV). If you are concerned because of firearms ownership, then this should not prevent you from possession for that reason as 242 is NOT a DV related statute.

- Carl

Nervous1 · #5 11-25-2007, 12:12 PM

Hi cdwjava,

Thank you for your reply.

I can't ask my defense attorney from 10 years ago any questions because he has since been appointed a Superior Court Judge.

I am going to try to have my record expunged.

But I am still worried that under Federal law I may be considered to be convicted of a Crime of Domestic Violence. I do not want to purjor myself when filling out a Federal job application or a ATF firearms purchase for that matter.

Or am I making something out of nothing.

cdwjava · #6 11-25-2007, 12:28 PM

I am thinking you are making a lot of nothing out of this. If they DROPPED the 243(e) and charged you with 242, you likely either made a plea deal to the lower non-DV charge, or, the elements of the DV charge could not be met.

I think you're okay.

However, if you want to see what your criminal history in CA says, go HERE for more info.

And for the feds, go HERE.

- Carl

Nervous1 · #7 11-25-2007, 01:11 PM

Hi cdwjava,

I did plea bargain for the 242 Misdemeanor battery.
In exchange the 243e was dropped.

Imposition of sentence suspended.
Sentenced to 3 years formal probation at my expense ($1440)
52 Domestic Violence Classes at my expense ($1040)
Pay $200 dollars to domestic violence fund.

But I gues everyone is saying a 242 Battery is just that....simple battery.
And not domestic violence.

Thank you again for your reply.