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  1. #1
    Join Date
    Nov 2007
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    7

    Default Is A 242 Battery the Same as Domestic Violence in California

    Hello anyone!

    More than ten years ago I plead guilty to a 242 Misdemeanor Battery in California. I was sentenced to three years probation and one year of domestic violence classes.

    The original charge that got dropped was 243e Domestic Violence against a person of former dating relationship.

    My question is: Was I convicted of a Crime of Domestic Violence under California or Federal law??


    Thank you in advance for your reply.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: Is A 242 Battery the Same as Domestic Violence in California

    CPC 242 simply defines "battery":
    Quote Quoting California Penal Code § 242
    A battery is any willful and unlawful use of force or violence upon the person of another.

  3. #3
    Join Date
    Nov 2007
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    7

    Default Re: Is A 242 Battery the Same as Domestic Violence in California

    Hi aaron,

    Thank you for the reply.

    I am still very worried that because of the nature of the case that it is considered a Crime of Domestic Violence.

    Or am I wrong to worry?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Is A 242 Battery the Same as Domestic Violence in California

    PC 242 is battery (non-DV). If you are concerned because of firearms ownership, then this should not prevent you from possession for that reason as 242 is NOT a DV related statute.

    - Carl

  5. #5
    Join Date
    Nov 2007
    Posts
    7

    Default Re: Is A 242 Battery the Same as Domestic Violence in California

    Hi cdwjava,

    Thank you for your reply.

    I can't ask my defense attorney from 10 years ago any questions because he has since been appointed a Superior Court Judge.

    I am going to try to have my record expunged.

    But I am still worried that under Federal law I may be considered to be convicted of a Crime of Domestic Violence. I do not want to purjor myself when filling out a Federal job application or a ATF firearms purchase for that matter.

    Or am I making something out of nothing.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Is A 242 Battery the Same as Domestic Violence in California

    I am thinking you are making a lot of nothing out of this. If they DROPPED the 243(e) and charged you with 242, you likely either made a plea deal to the lower non-DV charge, or, the elements of the DV charge could not be met.

    I think you're okay.

    However, if you want to see what your criminal history in CA says, go HERE for more info.

    And for the feds, go HERE.

    - Carl

  7. #7
    Join Date
    Nov 2007
    Posts
    7

    Default Re: Is A 242 Battery the Same as Domestic Violence in California

    Hi cdwjava,

    I did plea bargain for the 242 Misdemeanor battery.
    In exchange the 243e was dropped.

    Imposition of sentence suspended.
    Sentenced to 3 years formal probation at my expense ($1440)
    52 Domestic Violence Classes at my expense ($1040)
    Pay $200 dollars to domestic violence fund.


    But I gues everyone is saying a 242 Battery is just that....simple battery.
    And not domestic violence.


    Thank you again for your reply.

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