Legal Question in Criminal Law in California







how much time will you get with charges such as these?

if its a 1st time offense...

Asked on 8/30/09, 5:35 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

No lawyer can tell you how much time you might get without knowing all of the facts of the case.

Penal Code 273.5 is domestic violence with injury, even a slight one. It carries a maximum term of four years, as does a violation of Penal Code 245(a)(1). If a defendant was convicted of both charges as felonies, the maximum sentence would be five years, plus any enhancements.

However, both of these charges are wobblers, which means they can be reduced to misdemeanors with a maximum of one year each.

They may also be charged in the alternative, which means the DA charges the same acts under different statutes. A defendant can't be punished twice for the same act.

Penal Code 591 is a misdemeanor with a maximum sentence of one year. In this case, it sounds like the defendant was involved in a household altercation and is accused of pulling the phone out of the law.

Every case is different. On a first offense, probation is more likely than if the defendant has a long criminal history. On the other hand, even a first offender can be sent to prison for the maximum term, depending on the circumstances of the crime.

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Answered on 8/30/09, 6:17 pm

David M. Wallin Law Offices OF David M. Wallin

I agree with the other attorney. Without you talking about all the facts, which is difficult on a website, no way to really tell. The 245 is more serious than the 273.5, at least most 273.5's do not add the 245 pc. So i advise you to get into the office of a lawyer who knows how to handle these cases. David Wallin

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Answered on 8/30/09, 8:42 pm

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