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  1. #1
    Join Date
    Apr 2008
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    3

    Default Domestic Violence, California Penal Code 243(E)(1)

    My brother-in-law was charged with DV (California penal code 243 (e)1). This is his first offense. What typically is the sentence for the first offense? Also, his bail was doubled from what typically is. Is this because of his prior misdemeanor possession charge (which he paid a fine for)? Does the fact that he has the prior misdemeanor influence the sentencing?

    Thanks
    Sadie's Dad

  2. #2
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Domestic Violence, California Penal Code 243(E)(1)

    If he paid a fine on a misdemeanor charge then most likely he has a record,if it was something like assault or a recent charge that could be why his bail was more then normal. He probably can w. a lawyer if this is a misdemeanor charge get probation.He needs to see if he get the charge dismissed or reduced to something more favorable if possible b.c dv is look at very negatively.

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

    Default Re: Domestic Violence, California Penal Code 243(E)(1)

    Quote Quoting sadie's dad
    View Post
    My brother-in-law was charged with DV (California penal code 243 (e)1). This is his first offense. What typically is the sentence for the first offense? Also, his bail was doubled from what typically is. Is this because of his prior misdemeanor possession charge (which he paid a fine for)? Does the fact that he has the prior misdemeanor influence the sentencing?

    Thanks
    Sadie's Dad
    The bail is hard to assess. How do you know what the bail typically is? DV typically has a higher bail than a similar misdemeanor battery, so you can't simply compare it to a crime such as battery (PC 242). It is also possible that the DA or the arresting agency asked for an enhancement on bail for some reason.

    If he was on probation, and they violated his probation, he may also be having to pay bail to account for that offense as well.

    Typically, a first offense DV will get some 12 months of counseling and anger management, probation for a couple or three years, and possibly a peaceful contact criminal protective order.

    First thing for him to do is get an attorney. Then, he can address these questions through that attorney.

    - Carl

  4. #4
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Domestic Violence, California Penal Code 243(E)(1)

    Also, conviction on misdemeanor DV means that he will not be allowed to own or posses firearms or ammunition for the rest of his life.

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