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Four Class C Felony Charges

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  • 05-26-2008, 01:37 AM
    Anniieee
    Four Class C Felony Charges
    My question involves criminal law for the state of: California
    My husband is being charged with
    1) Class C Felony Tampering with a witness
    2) Class C Felony Violation of Penal Code
    3) Class C Felony Assault
    4) Class C Felony Spousal Abuse
    He was just about to get out on Parole from Prison, but they kept him and then sent him up North where he is in custody awaiting trial on those charges. It happened a week prior to him going to prison but he wasn't charged until he was about to be paroled.
    He beat me up pretty good. I didn't want to press charges but the DA picked it up and charged him with those I listed. My question is him being on parole and now charged with those crimes does anyone have any idea of what might happen? And yes I did file for divorce, no one needs to deal with that
  • 05-26-2008, 05:46 AM
    cyjeff
    Re: Four Class C Felony Charges
    If he beat you up pretty good, he should pay for his crime.
  • 05-26-2008, 10:43 AM
    cdwjava
    Re: Four Class C Felony Charges
    Quote:

    Quoting Anniieee
    View Post
    My question involves criminal law for the state of: California
    My husband is being charged with
    1) Class C Felony Tampering with a witness
    2) Class C Felony Violation of Penal Code
    3) Class C Felony Assault
    4) Class C Felony Spousal Abuse

    You said this was for California ... we do not use the "Class" system for criminal offenses. On those rare occasions where an offense has a level, it is "degree".

    Quote:

    He beat me up pretty good. I didn't want to press charges but the DA picked it up and charged him with those I listed. My question is him being on parole and now charged with those crimes does anyone have any idea of what might happen?
    Yes. He might be charged with the articulated crimes and put on trial.

    - Carl
  • 05-27-2008, 12:14 AM
    Anniieee
    Re: Four Class C Felony Charges
    Yes he is already taking it to trial. Is there a difference between an Assualt and spousal abuse? Seems they would be the same charge. I was told that if someone takes there case to trial and they lose that the get the max sentence is that true? Thank you for your help
  • 05-27-2008, 12:30 AM
    cdwjava
    Re: Four Class C Felony Charges
    Quote:

    Quoting Anniieee
    View Post
    Yes he is already taking it to trial. Is there a difference between an Assualt and spousal abuse?

    Assuming we are still talking about CA law, then there is a difference. Assault is an attack that intends to make contact but does not ... battery is where the victim is struck. Domestic violence is a battery that is committed by one domestic partner (as described in PC 13700) on the person of another. Typically, the misdemeanor DV battery section is PC 243(e) and the felony section would be PC 273.5.

    Quote:

    I was told that if someone takes there case to trial and they lose that the get the max sentence is that true?
    It's very possible, but not a guarantee.

    - Carl
  • 05-27-2008, 12:42 AM
    Anniieee
    Re: Four Class C Felony Charges
    Thank you so much for your help. And yes I was still talking about CA, Northern part. Thank you again :)
  • 05-27-2008, 12:56 AM
    cdwjava
    Re: Four Class C Felony Charges
    Quote:

    Quoting Anniieee
    View Post
    Thank you so much for your help. And yes I was still talking about CA, Northern part. Thank you again :)

    Then where did you get this "class C" thing? We don't HAVE that here.

    - Carl
  • 05-27-2008, 01:15 AM
    Anniieee
    Re: Four Class C Felony Charges
    Well when I called the DA's office up North they put me in contact with a victims advocate and she is the one who told me they were all class C felonys. Not knowing the law I didnt know what that meant. Seems she should have known so why she told me that I dont know.
  • 05-27-2008, 01:21 AM
    cdwjava
    Re: Four Class C Felony Charges
    Quote:

    Quoting Anniieee
    View Post
    Well when I called the DA's office up North they put me in contact with a victims advocate and she is the one who told me they were all class C felonys. Not knowing the law I didnt know what that meant. Seems she should have known so why she told me that I dont know.

    Yep. She should have known. She may have been reading them from something and misread them.

    - carl
  • 05-27-2008, 01:27 AM
    Anniieee
    Re: Four Class C Felony Charges
    That very well could be. If there isnt a class c felony here I wonder if those charges are felonys or what they would be
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