ExpertLaw.com Forums

When is Domestic Violence a Misdemanor vs. a Felony

Printable View

  • 09-02-2013, 05:10 PM
    Forum_Reader
    When is Domestic Violence a Misdemanor vs. a Felony
    My question involves criminal law for the state of: California

    Is California Penal Code 240/242 Assault/Battery always a misdemeanor?

    Or is it one of those "wobbler" laws that can be classified either as misdemeanor or felony?

    The police issued ticket says "Penal Code 240/242 Assault/Battery". The defendant was booked on the road (fingerprinted and picture taken) and released.

    If it was a felony, would it have been handled differently?

    Are felony bookings always taken down to the station?

    =====

    What is Assault under California Law?

    There are several different classifications of assault under the California penal code, each with its own definition and unique potential sentence. The prosecution must prove beyond a reasonable doubt that the crime took place and that you committed it.
    Simple Assault – Laws & Penalties

    Simple assault is a misdemeanor and defined as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. This means that no injury or even contact has to have taken place for this offense to have occurred.

    This misdemeanor offense can carry a sentence of up to $1,000 in fines and jail time of up to 6 months.



    Simple Assault – California Penal Code Section 240-241
    Simple Battery - Laws & Penalties

    Simple battery can be charged as a misdemeanor or felony, a determination that is made by the judge. It is defined as any willful and unlawful use of force or violence upon another person.

    This offense has a potential sentence of up to $2,000 and jail time up to 6 months.
  • 09-02-2013, 05:15 PM
    cdwjava
    Re: When is Domestic Violence a Misdemanor vs. a Felony
    Quote:

    Quoting Forum_Reader
    View Post
    My question involves criminal law for the state of: California

    Is California Penal Code 240/242 Assault/Battery a misdemeanor?

    These are misdemeanor offenses.

    Quote:

    Or is it one of those "wobbler" laws that can be applied either as misdemeanor or felony?
    No.

    Quote:

    The police issued ticket says "Penal Code 240/242 Assault/Battery". The defendant was booked on the road (fingerprinted and picture taken) and released.
    That's one option the officers have, yes. As a note, a felony cannot be handled via citation.

    Quote:

    If it was a felony, would it have been handled differently?
    Absolutely.

    Quote:

    Are felony bookings always taken down to the station?
    To the station and then the jail, or just straight to the jail.
All times are GMT -7. The time now is 06:29 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved