Hello. What is the perceived punishment for "hair pulling" (one time only during and altercation) under a California 243 (E) (1) charge for someone that has no prior record of abuse or battery?
Thank you in advance.
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Hello. What is the perceived punishment for "hair pulling" (one time only during and altercation) under a California 243 (E) (1) charge for someone that has no prior record of abuse or battery?
Thank you in advance.
Why did you need to start another thread when IAAL already explained the general concept of Assult under CA law. http://www.expertlaw.com/forums/showthread.php?t=11823
Also when citing, be sure to include the code, did you mean Penal code, evidence code etc?
The statute you mention provides,
Quote:
Quoting California Penal Code, Section 243(e) (1)
Thank you for your responses. The code I am talking about is in regards to the "Crime Class".
I started a new thread because this topic was different from the original one I posted. I did not want to stray from the original subject in my first post. I apologize if this cause any inconvenience.
I was hoping I might receive a response that was a bit more, personally related to this specific situation. The information posted is information that I have already read many times over online.
After seeing the detailed responses to other people's posts, I was hoping to receive a less formal, and more personalized response when I posted such detail in my post. I am just looking for much needed answers some important questions.
Again, I apologize if this post cause any inconvenience
I could have cited the Penal code as did Aaron, but I was trying to get you to focus on your question, you learn more by learning how to research and think critically. The section of law is clear, however the judge has discretion in how it is applied and the worst case is described in the statute. We cannot say how a judge or comissioner will rule, much will depend on the defenses arguments.
Aaron posted the statute and the possible sentence. In CA most DV suspects in your particular circumstance will generally receive probation and mandatory counseling (often a 12-month anger management program). Sometimes a "peaceful contact" criminal protective order will be issued as well, unless the victim wants protection from the suspect in which case the order will usually prevent any contact.Quote:
Quoting naomi1980
- Carl
Thank you Carl for your response. It has given us hope.Quote:
Quoting cdwjava
We recently found out that the cops filed a false statement in their report, stating that when they arrived the defendant was sitting in the living room, when in actuality they woke him up out of bed, using their flashlights and voices. He had already fallen back asleep. Any advice on that? It happens to be a major fact in the case that needs to be cleared up.
Also, one last thing. The defendant is thought to have a sleeping disorder called REM Behavioral Disorder (RBD). Unfortunatly, he cannot afford to get tested since all of his funds are now being thrown into this case. The only proof that he has is a long list of detailed RBD episode accounts from the victim, public documentation on this RBD, and accounts from other people with this same disorder. He also has the option to receive written statements from friends, family, and ex girlfriends regarding RBD episodes they have witnessed. My question is, do you think this is enough proof to prove that the defendant has this disorder?
Thank you so very much for your help.
It may only be an issue if someone wants to impeach the officer's recollection of events. Plus, the officer that wrote the report may have arrived when he was back up and in the living room.Quote:
Quoting naomi1980
The issue will still come back to whether or not he committed the act, not where the officers made contact with him.
What would that prove? Is it a violent disorder that causes him to assault people without recollection?Quote:
My question is, do you think this is enough proof to prove that the defendant has this disorder?
If he intends to assert a medical or psychological defense he will need an attorney to help him seek expert testimony on the issue. He can expect to spend a few thousand dollars to even begin trying to use this.
- Carl
The two officers that arrived where the only officers involved. The took down the report.Quote:
Quoting cdwjava
Yes, people who suffer from REM behavior disorder (RBD) act out their dreams. They physically move limbs or even get up and engage in activities associated with waking. Some talk, shout, scream, hit, punch, or fly out of bed while sleeping! RBD is usually noticed when it causes danger to the sleeping person, their bed partner, or others they encounter. Sometimes ill effects such as injury to self or bed partner sustained while asleep trigger a diagnosis of RBD.Quote:
Quoting cdwjava
Here is a link to some really good information of the disorder if you are interested: http://sleepfoundation.org/sleeplibr...p?secid=&id=67
The important factor of the police report in this case was the fact that he had already fallen back to sleep. Where as if he where in his normal state of mind, he would have (most likely) still been awake.
Couldn't he simply get tested for the disorder and show the judge the results?Quote:
Quoting cdwjava
There is no way to prove he wsa asleep. They could say he CLAIMED to have been asleep, but without medical testimony as to his condition and its effects, it most likely wouldn't be allowed in to testimony.Quote:
Quoting naomi1980
He could, but what would that prove? Unless EVERY person with this disorder assaults their spouses or live-ins, it proves nothing.Quote:
Couldn't he simply get tested for the disorder and show the judge the results?
Having the disorder would not be a "get out of jail free" card.
- Carl