Domestic Battery California 243(E)(1)

[philologist]

My question involves criminal law for the state of: California

My sister slapped my brother-in-law and he called the cops. They were dubious but arrested her with the charge of domestic battery [CA penal code 243(e)(1)]. I hate to sound unempathetic to a 200lb unemployed alcoholic who has has laid her out with a closed fist on several occasions (including when she was pregnant), but I suspect it's a custody ploy as they have discussed separation recently. My questions include:

1) What are grounds for dismissal? If he does not attend the trial, is it dismissable?
2) If a guilty verdict is decided (and all fines/restitution/etc honored), is the offense expungeable, such that it would have no effect on a later assessment of her custodial fitness?

Many thanks,
A concerned brother

[cdwjava]

My sister slapped my brother-in-law and he called the cops. They were dubious but arrested her with the charge of domestic battery [CA penal code 243(e)(1)]. I hate to sound unempathetic to a 200lb unemployed alcoholic who has has laid her out with a closed fist on several occasions (including when she was pregnant), but I suspect it's a custody ploy as they have discussed separation recently. My questions include:

1) What are grounds for dismissal? If he does not attend the trial, is it dismissable?

If he does not attend court after being issued a subpoena, he can be arrested and compelled to appear. His dodging the subpoena or court may only delay the inevitable.

If the DA finds that there is insufficient evidence to prove his case beyond a reasonable doubt, he may not file anyway.

2) If a guilty verdict is decided (and all fines/restitution/etc honored), is the offense expungeable, such that it would have no effect on a later assessment of her custodial fitness?

In theory, she could apply for expungement after her probation is over. However, the Family Court is free to take into account past actions whether currently on a criminal offender record or not.

She needs an attorney.

[thaliadlm]

My question involves criminal law for the state of: California

My sister slapped my brother-in-law and he called the cops. They were dubious but arrested her with the charge of domestic battery [CA penal code 243(e)(1)]. I hate to sound unempathetic to a 200lb unemployed alcoholic who has has laid her out with a closed fist on several occasions (including when she was pregnant), but I suspect it's a custody ploy as they have discussed separation recently. My questions include:

1) What are grounds for dismissal? If he does not attend the trial, is it dismissable?
2) If a guilty verdict is decided (and all fines/restitution/etc honored), is the offense expungeable, such that it would have no effect on a later assessment of her custodial fitness?

Many thanks,
A concerned brother
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A charge of 243(e)(1) PC- simple battery with no injuries is a misdeameanor case. Although I do not know who you are concerned about but here is what will happened in all criminal cases..... There are some elements to prove in Battery cases. If a person has never had any criminal history, it will be good on his side....

In criminal cases, once a case has been reported someone will always be arrested no matter what...

ARRESTED FIRST, and then BOOKINGS, after that BAIL is then set.

After 30 days of the arrest, the 1st ARRAINGMENT happens- which is where the defendant will plead guilty or not.... ( BUT I DO SUGGEST PLEADING NOT GUILTY, though you know you did it, hiring a lawyer would help you a lot)

After the arraingment, a PRE-TRIAL or Plea Bargain would usually happen. This is where your lawyer would negotiate with the district attorney for lesser offense. Having a lawyer would be good on your side, since domestic violence cases is one of the worst record you could have in your life.

Unless there is really abuse on your case, most domestic violence do not go to trial since it is very expensive to proceed. However, please do believe that dismissal on this cases is very rare unless some of the elements of battery cannot be proven by the district attorney. I do believe however that DISTRICT ATTORNEY do not mess around since they would make you plead guilty even for lesser offenses. DISTRICT ATTORNEYS must have guilty verdict since that will look good on their record.... Did you know that JUDGES were actually DISTRICT ATTORNEYS before...so go figure!

[cdwjava]

Some clarifications concerning the application of CA law ...

In criminal cases, once a case has been reported someone will always be arrested no matter what...

Not true in California - the OP's state.

Probable cause must still be met. A report is not necessarily sufficient to support probable cause for an arrest. It might be, but not always. And CA has no law mandating an arrest on reported DV incidents, though state law and agency policies strongly encourage an arrest of the party deemed to be the primary aggressor if it cam be determined.

After 30 days of the arrest, the 1st ARRAINGMENT happens- which is where the defendant will plead guilty or not.... ( BUT I DO SUGGEST PLEADING NOT GUILTY, though you know you did it, hiring a lawyer would help you a lot)

An arraignment might be 30 days out if someone bails or is released on their own recognizance, but it could be longer ... or even shorter. if the person booked does NOT get released, then arraignment must be held in 48 hours (two court/business days).

For misdemeanors, no preliminary (pre-trial) hearing is held. The defense can speak to the prosecutor about a possible deal, but there is no prelim. A trial readiness conference might come about just prior to trial, but that would be further down the road after arraignment.

Unless there is really abuse on your case, most domestic violence do not go to trial since it is very expensive to proceed.

True ... sort of. Many do not go go trial, but it is less about the expense and more about the ability to prove the matter beyond a reasonable doubt. If the case is "he said, she said ..." it may be weak. Without witnesses, i is weaker. And, since some 75% of victims recant their story, these are even harder cases to make. As a result, I would say the majority of misdemeanor DV cases do not get pled out or go to trial.

Did you know that JUDGES were actually DISTRICT ATTORNEYS before...so go figure!

Some might be, but others are not. To my knowledge all of the Superior Court judges in my county came from the defense bar or family law - not one of them has worked for the DA's office. While some may come from a prosecutor's office, many do not. When I worked in San Diego County many of the judges had at one time been prosecutors, but certainly not all - perhaps less than half.

Keep in mind when posting that what may be true in your state or local court may not be true elsewhere.

[philologist]

I am grateful for your help, sarge! All best to you.