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If you or a a loved one has been arrested for a Domestic Violence case give our office a call. Domestic violence cases can be complicated and involve everything from batterer treatment classes to limitations on gun rights.  Below I will go over what the diffefence is between the most common domestic violence charges the 273.5 and the 243E charge.  If after reading this article you have any questions give our office a call at 559-441-1418.  

 

First I will go over what a 273.5 is as both a Felony and Misdemeanor and then go over the 243  E charge and then explain the difference.  

WHAT IS A 273.5? 

1. Defendant willfully inflicted corporeal injury on victim.  

2. Victim was either; 

Defendant's spouse or former spouse 

person with whom her or she is or was in cohabitating with 

fiance or someone wiht whom the offender has or previously had, an engagement or dating relationship with 

the mother or father of his or her child 

3. Corporeal injury resulted in a traumatic condition. 

WHAT IS A 243 e ?

Defendant committed battery upon a victim. 

2. At the time of the battery victim was either the defndants spouse or fiance, or an individual with whom the defendant currently has or previously had a dating relatiionship. 

PC 243e1.

WHAT ARE THE DIFFERENCES?

The difference between the two charges is that for a conviction of 273.5  you must have inflicted some type of injury on the spouse in  order to be convicted under the 273.5 statute.  if you used physical force on a person and that person suffered and injury no matter how slight you will be charged with the crime under the penal code 273.5  whereas under 243 e there is no need for the injury to have occurred.  

WHAT ARE THE PENALTIES?

both offenses are wobbler offenses which means they can be charged either as a Felony or as a Misdemeanor.  If you are convicte of the misdemeanor, you face up to 364 days in jail, and fines of up to $6,000.00

For a Felony violation you can get probation or up to two, three, or four years in state prison and fines of up to $6,000.

COLLATERAL CONSEQUENCES TO A CONVICTION

There are many collateral consquences to this conviction are many.  

first as to gun rights even as a misdemeanor, a conviction under either one of the statutes above could have profound affects on your ability to legally own or posses a firearm.  If you are convicted of a Felony your gun rights will automatically be stopped meaning you cannnot own or possess a firearm under both state and federal law. 

If later under penal code 17b you get a reduction under state law you could then be able to possess a firearm.  However, under federal law which is the supreme law of the land and where there is a conflict with state law it is just as if the state law does not exist you will still not be able to own or possses a firearm and in fact when you go to but a firearm you will not be allowed to purchase the firearm.  This is becuse the federal governmemt passed a law which made it illegal for a person that has been convicted of a domestic violence offense from purchasing a firearm again for the remainder of there lives.  This is true even if the offense was a misdemeanor for all purposes.  That means you could be charged wiht a federal offense even if under state law you are able to own a firearm under the existing statutes.  

Nohthing in this article is meant to be legal advice as to your specific circumstances.  if you have additional questions call us 559441-1418.

 

 

 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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