Subsection (a)(1) of Section 245 says that anyone committing an assault with a deadly weapon or instrument other than a firearm is guilty of a wobbler crime. If the PC 245(a)(1) case is initially charged as a felony, it can still be reduced to a misdemeanor using the following: ...
California Penal Code 368 PC defines elder abuse as the physical or emotional abuse, neglect, or financial exploitation of someone 65 years of age or older. This crime can be prosecuted as a misdemeanor or a felony (wobbler) and is punishable by up to four years in jail. ...
242 Battery (M/F) : A willful use of force or violence upon the person of another. 245 Assault with a deadly weapon (F) - unlawful attempt, and - the present ability - to commit a violent injury - upon the person of another
Penal Code 242 PC -- The Crime of "Battery" California Penal Code § 242 PC defines the crime of simple battery as the “willful and unlawful use of force or violence” on another person (even if it does not cause injury or actual pain). Simple battery is a misdemeanor that carries ...
California Battery Offense Penalties Simple battery (242 PC) Misdemeanor: Up to 6 months in jail and/or $2,000 Aggravated battery causing serious bodily injury (243(d) PC) Misdemeanor: Up to 1 year in jail and/or $1,000 or Felony: 2, 3, or 4 years in jail (plus 3 to 6 years...
The prosecutor charges Josephine with both child abuse and battery. The jury finds that Jo slapped (battered) her daughter, but that it did not cause an injury. They convict Jo of battery but not of PC 273d. “Battery” is a misdemeanor crime in California. Potential penalties include: A...
Another possible domestic violence charge is the misdemeanor offense of domestic battery (Penal Code 243e1 PC).51 This offense may be charged if there is any allegation that you willfully inflicted any amount of force or violence — even a very small amount that left no mark or wound — on...
In California, having sexual intercourse with a minor no more than three years younger than you is a misdemeanor carrying up to one year in jail and/or $1,000.5If you are more than three years older than the minor, statutory rape is a wobbler. This means the District Attorney decides ...
The D.A. is more likely to bring misdemeanor charges when:The weapon was not inherently dangerous, There were no serious injuries, You have a clean criminal record, and/or There were no other aggravating circumstances.If charged as a misdemeanor, ADW without a firearm is punishable by:...