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Posted in Domestic Violence FAQ'S on April 30, 2015
It depends. Penal Code 273d(a) Infliction of Cruel or Inhuman Corporal Punishment on a Child is NOT by itself a “Strike” under California’s Three Strikes Law. However, if the injury inflicted is serious enough and determined to be “great bodily injury” then it would be considered a “Strike” under California’s Three Strikes Law. Whether or…
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Posted in Domestic Violence FAQ'S on April 30, 2015
In California, PC 273d(a) / Infliction of Cruel or Inhuman Corporal Punishment on a Child is a wobbler, meaning it can be EITHER a misdemeanor OR a felony. This decision depends heavily upon the facts, as well as the defendant’s prior criminal history. If you, or a family member has been arrested for Infliction of…
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Posted in Assault FAQ'S on April 22, 2015
Criminal Defense Attorney For Those Arrested For Disturbing The Peace By Fighting (PC 415(1)) In Riverside Or Orange County First and foremost, a prosecutor must prove each and every element of a sexual battery case beyond a reasonable doubt to a jury. Typically, PC 243.4 defenses fall into one of four categories: 1. False Allegations:…
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Posted in Assault FAQ'S on April 22, 2015
Riverside Or Orange County Lawyer For Those Arrested For Sexual Battery (PC 243.4 ) Because sexual battery can be charged as either a misdemeanor or felony, the sentencing varies considerably. If convicted as a MISDEMEANOR, punishment could include: • Up to 1 year jail • Up to $2,000 in fines • A 10 year prohibition…
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Posted in Assault FAQ'S on April 22, 2015
Criminal Defense Attorney For Those Arrested For Sexual Battery (PC 243.4 ) In Riverside Or Orange County PC 243.4 is commonly known as Sexual Battery. To prove that a defendant is guilty of PC 243.4 the prosecutor must prove three things: 1. That the defendant touched an intimate part of another person; 2. The touching…
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Posted in Assault FAQ'S on April 22, 2015
In California, Sexual Battery is a wobbler, meaning it can be EITHER a misdemeanor OR a felony. This decision depends heavily upon the facts, as well as the defendant’s prior criminal history. However, if the alleged victim was disabled, mentally incapacitated, unconscious, or unlawfully restrained it was likely be charged as a FELONY. If you,…
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Posted in Assault FAQ'S on April 22, 2015
No. A conviction for Sexual Battery is not a “Strike” under California’s Three Strikes Law. If you, or a family member has been arrested for Sexual Battery in Riverside County or Orange County, call Criminal Defense Attorney Graham Donath at (951) 667-5293.
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Posted in Assault FAQ'S on April 15, 2015
No. Penal Code 415(1) / Disturbing the Peace by Fighting is not a “Strike” under California’s Three Strikes Law. If you, or a family member has been arrested for Disturbing the Peace by Fighting in Riverside County or Orange County, call Criminal Defense Attorney Graham Donath at (951) 667-5293.
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Posted in Assault FAQ'S on April 15, 2015
Riverside & Orange County Defense Attorney For Those Charged With Disturbing The Peace By Fighting (PC 415(1)) If convicted as a MISDEMEANOR, punishment could include: • Up to 90 days in jail • Up to $400 in fines • Criminal Protective Order (Restraining Order) • Up to 5 years of Summary (informal) probation • Participation…
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Posted in Assault FAQ'S on April 15, 2015
Penal Code § 415 is disturbing the peace in one of three ways. PC 415(1) is willfully fighting or challenging another person to fight in public. Persons who use “fighting words” to “provoke an immediate violent reaction” from someone, but don’t engage in physical fighting may be charged with PC 415(3). Finally, PC 415(2) is for…
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