Misdemeanor Battery and Assault (Penal Code §§ 242 and 240)

The misdemeanor criminal offense of battery is outlined in Penal Code § 242  “A battery is any willful and unlawful use of force or violence upon the person of another.” The elements of a battery are: The defendant used...

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Penal Code § 243(e)(1)Domestic Battery

What is a Domestic Battery? Domestic battery is a willful or unlawful touching towards a current or former intimate partner (spouse, cohabitant, fiancé, dating partner, co-parent) in a harmful or offensive way, and not an act of self-defense....

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Have you been charged with a criminal offense under Penal Code § 273.5?

What is California Penal Code § 273.5 exactly? Penal Code § 273.5 is commonly referred to as domestic violence or domestic battery. To be convicted under this penal code section, the prosecution must show that you: - Caused an intentional...

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Do you have a warrant out for your arrest?

Do you have a warrant out for your arrest? Did you fail to appear in court? This is what to do when you have an arrest warrant or a bench warrant in California. What is a warrant? In general terms, a warrant is an order issued by a competent...

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Have you been charged with a felony? If yes, you have the right to a Preliminary Hearing.

What is a Preliminary Hearing? A preliminary hearing is an evidentiary hearing that is held prior to a felony trial; the goal is to prevent unnecessary arrest and imprisonment by assessing whether there is enough evidence to compel a case to trial....

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What is Restitution?

If you are convicted by a crime either by trial or guilty plea, you will likely have to pay a restitution fine and/or restitution to the victim(s). The goal of restitution is to make a victim whole again after a crime has been committed. “To the...

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