Re: Plea Bargain a Felony to a Misdemeanor
Because Penal Code section 273.5 says it is. If there is a "traumatic condition (defined as "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") then the offense is a felony.
Her attorney can try to see i the prosecution will agree to a plea deal involving a misdemeanor domestic violence battery (per PC 243(e)) or some other related offense.
Due to the lack of severity, is there any way she could get out of this without the felony?
The most common result is anger management (counseling), probation, and fines. Also, a criminal protective order is common as well.
I do believe she needs some help and counseling, but a felony with jailtime seems excessive.
A Nor Cal Police Sergeant
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... and a croissant!"
Walk humbly with your God
-- Courageous, by Casting Crowns