Re: Battery Charges Reduced From Misdemeanor to Infraction
PC 415 is a misdemeanor. Why do you think this was charged as an infraction? What you think might be an "I" may well be a "1" representing COUNT 1. Without knowing what you are reading, no one can really say. He really needs to ask his attorney what the story is.
The benefit to pleading to 415 is that it does not bar him from firearms possession, and is not likely to result in a criminal protective order. There are other reasons as well, but those are the most obvious.
- Carl
Re: Battery Charges Reduced From Misdemeanor to Infraction
Are you sure? This is what the court documents are showing. Please note the Severity.
Count 2 Charge PC I415 Severity I Description FIGHTING;NOISE;OFFENSIVE WORDS Violation Date 10/12/2006 Plea GUILTY
Also, in response to the protective order and firearms, I have a TRO on him anyways. And it looks like I was granted a protection order in the sentencing. See below for the exact wording.
NOT ANNOY, MOLEST, ATTACK, STRIKE, THREATEN, HARASS, STALK, SEXUALLY ASSAULT, BATTER NOR DISTURB THE PEACE OF THE VICTIM, (insert my name here).
Re: Battery Charges Reduced From Misdemeanor to Infraction
This became confusing, so I called the courts and it was explained to me that he had Count 1 Battery on Cohab and Non-Cohab and Count 2 FIGHTING;NOISE;OFFENSIVE WORDS. Count 1 was dropped and he plead Guilty to Count 2. I did verify that Count 2 FIGHTING;NOISE;OFFENSIVE WORDS is a misdemeanor, although it says Severity I.
Thanks to all that helped out with this. :)