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  1. #1
    Join Date
    Nov 2010
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    Woodland, California, United States
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    8

    Post Simple Battery and ICE Hold

    My question involves criminal law for the state of: California

    My Ex-boyfriend was arrested and charged with simple battery which is a misdemeanor, over the weekend. He is not a legal citizen which means he is an illegal alien. He is being held with an ICE hold.

    My question is how if I am the victim is there a way to get the charges dropped. and also in the state of california do they typically deport on misdemeanors.

    Also I have had many people tell me that the state of california doesnt typically do that. Please if anyone knows just let me know so I can stop freaking out. he is the father of my son. and I really cannot afford for him to be deported because of my stupidity.

  2. #2

    Default Re: Simple Battery and Ice Hold

    Quote Quoting Kimberly Kitz
    View Post
    My question is how if I am the victim is there a way to get the charges dropped. and also in the state of california do they typically deport on misdemeanors.
    It's not up to you. Crimes are considered committed against ALL members of society, and the DA brings charges on behalf of everyone. You can certainly ASK the DA not to pursue the case, but if they feel they have a crime committed, and evidence enough to convict or force a plea deal, they typically go with it. If ICE already has a hold on him, that's a good indication of their plans. They can deport for ANY crime.


    Also I have had many people tell me that the state of california doesnt typically do that.
    It's not the state. It's the feds. ICE is a federal agency.

    Please if anyone knows just let me know so I can stop freaking out. he is the father of my son. and I really cannot afford for him to be deported because of my stupidity.
    It's not your stupidity. It's his own.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Simple Battery and Ice Hold

    Quote Quoting Kimberly Kitz
    View Post
    My question involves criminal law for the state of: California

    My Ex-boyfriend was arrested and charged with simple battery which is a misdemeanor, over the weekend. He is not a legal citizen which means he is an illegal alien. He is being held with an ICE hold.

    My question is how if I am the victim is there a way to get the charges dropped. and also in the state of california do they typically deport on misdemeanors.

    Also I have had many people tell me that the state of california doesnt typically do that. Please if anyone knows just let me know so I can stop freaking out. he is the father of my son. and I really cannot afford for him to be deported because of my stupidity.
    You can ask the DA not to prosecute, but if YOU are the victim then it is NOT a "simple" battery, it is a domestic violence battery which is more serious.

    As for the ICE hold, regardless of whether you ask the DA to drop the charges, they will still have the hold. The only thing in his favor is that ICE frequently seems to fail to pick up these folks and then they are in the wind. But, in this case, they will probably know where to come and get him if they want him - with you.

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Simple Battery and Ice Hold

    The DA is not likely to drop the charges in this case. What you want to do is in effect being done for an illegal or at least an unethical purpose. There is nothing you can do to affect the ICE hold. They could care less. All you can do is wait and see what happens.

  5. #5
    Join Date
    Nov 2010
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    Woodland, California, United States
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    8

    Default Re: Simple Battery and Ice Hold

    Quote Quoting cdwjava
    View Post
    You can ask the DA not to prosecute, but if YOU are the victim then it is NOT a "simple" battery, it is a domestic violence battery which is more serious.

    As for the ICE hold, regardless of whether you ask the DA to drop the charges, they will still have the hold. The only thing in his favor is that ICE frequently seems to fail to pick up these folks and then they are in the wind. But, in this case, they will probably know where to come and get him if they want him - with you.
    What do you mean its a domestic violence battery? what happens if he is convicted of this type of battery?
    Also what do you mean they would come to me if they want him. He does not live with me so that is a little bit confusing.

  6. #6
    Join Date
    Sep 2005
    Location
    California
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    Default Re: Simple Battery and Ice Hold

    Quote Quoting Kimberly Kitz
    View Post
    What do you mean its a domestic violence battery? what happens if he is convicted of this type of battery?
    You have a child together - that makes it domestic violence.

    The DV battery per PC 243(e) is punishable by up to one year in county jail and a $2,000 fine. A simple misdemeanor per PC 242 is punishable by up to 6 months in jail and a $1,000 fine.

    Also what do you mean they would come to me if they want him. He does not live with me so that is a little bit confusing.
    He may not live with you, but chances are you know where he is staying. Even if you claim you don't, they will look at you if they come looking for him. If you are so concerned as to want to drop charges to keep him in you life, it is very reasonable to expect that you would have some idea about his whereabouts.

  7. #7
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Simple Battery and Ice Hold

    You also have another aspect to think about.

    If you continue to keep and protect a violent person, child protective services may become involved.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Simple Battery and Ice Hold

    Just want to point something out.

    "He is not a legal citizen which means he is an illegal alien " is NOT correct.

    I am NOT a legal citizen in this country. But I AM a legal permanent resident. Not being a citizen does not equate to being illegal.

  9. #9
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    Nov 2010
    Location
    Woodland, California, United States
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    8

    Default Re: Simple Battery and Ice Hold

    Quote Quoting Dogmatique
    View Post
    Just want to point something out.

    "He is not a legal citizen which means he is an illegal alien " is NOT correct.

    I am NOT a legal citizen in this country. But I AM a legal permanent resident. Not being a citizen does not equate to being illegal.
    He is a illegal alien because He isn't a legal permanent resident.

    Quote Quoting cdwjava
    View Post
    You have a child together - that makes it domestic violence.

    The DV battery per PC 243(e) is punishable by up to one year in county jail and a $2,000 fine. A simple misdemeanor per PC 242 is punishable by up to 6 months in jail and a $1,000 fine.

    He may not live with you, but chances are you know where he is staying. Even if you claim you don't, they will look at you if they come looking for him. If you are so concerned as to want to drop charges to keep him in you life, it is very reasonable to expect that you would have some idea about his whereabouts.
    He isn't charged with a felony its a simple misdemeanor because that is what the police report is saying he is charged with.
    I am really concerned about him being held on the ICE hold. He is the father of my son and I couldnt stand it if he gets deported.

  10. #10
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Simple Battery and Ice Hold

    Quote Quoting Kimberly Kitz
    View Post
    He isn't charged with a felony its a simple misdemeanor because that is what the police report is saying he is charged with.
    PC 243(e)(1) is misdemeanor domestic battery, it is not a felony.

    I am really concerned about him being held on the ICE hold. He is the father of my son and I couldnt stand it if he gets deported.
    That is a very real possibility so you might want to prepare to adapt.

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