Posted: 7/2/2009 11:11:21 AM EDT
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my girlfriends little brother got in a fight with his dad last night and got arrested, he's being held on $100,000 bail..... when i looked him up on west valleys website it looks like he was arrested and charged with pc243 (d) .... is that a felony? any help would be greatly appreciated, shes worried about him, he just turned 18 on the 11th of last month and he's definitely not the type that can hold his own on the streets, let alone in jail... his court date is on the 6th, i'm pretty sure that hes not gonna get bailed out, also can his parents drop the charges or is it one of the cases where the DA has to be the one to drop the charges? My girlfriend is worried and wants to know what might happen to him.... Any help with the info would be greatly appreciated
thanks in advance Dan eta this was in san bernadino county |
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Not a lawyer, nor do I play one on TV. As such I am going to quote you something that is not of my creation;
"California Aggravated Battery - CPC 243 (d) California "aggravated battery", defined by Penal Code 243(d), is also a "wobbler". What sets this offense apart is (1) the accuser must suffer a "serious bodily injury", and (2) the accuser can be anybody, not just an intimate partner. Under this section, "serious bodily injury" means serious harm to one's body. Examples may include a concussion, broken bones, an injury requiring extensive stitches and disfigurement." Depending on the circumstances it could go misdemeanor or felony. But even a misdemeanor 243 count would preclude him from firearms ownership for 10 years, I believe. See if the PD/or defense attorney can reduce it to a 415 or something less volatile. However my 2cents is that if the dude is putting the smack down on his own father, he deserves what he gets, and I don't want him to have firearms either. |
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nope he is not responsible enough to own firearms, my girlfriend just wanted to know what kind of trouble her brother is in... i dont think he would even consider buying guns anyway, hes kinda an emo fag... so how would i figure out if he's gonna be charged with a felony or misdemeanor? The $100,000 bail makes me think that its probably a felony, even though it wasn't serious bodily harm, just a black eye and a fat lip.
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Penal Code 243
(d) When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment in the state prison for two, three, or four years. |
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In other words it can go either way. $100k bail? Did he crack the old man with a bat or something?
Sounds like a real fehgola. I'll bet he will be real popular at the workcamp/jail...warm up the Deliverance soundtrack. 'Emo' metro-sexual white punks don't do real well in county or state correctional institutions. But if it's his first offense and/or 17b'd as a misdemeanor he'll probably get off light with 180 days or less, possibly probation and anger-management. If he gets any jail or prison time: Get a crew cut, talk to no one, look straight ahead, STFU, learn to fight, do not look like a puss. PT, shave, hygiene, and don't look sorry for yourself or you will get poked from behind...often. Anyone trying to be your friend is 90% likely looking for a BJ down the road. Sorry, but my personal observation of correctional culture. Might be good for the family to cut strings/contact with this dude and allow him to learn something from this experience. If he ever matures and reconciles, they could bring him back into the fold after a few years on his own when he is established. Although I'm sure there are mitigating circumstances in this scenario, it sounds like junior needs to control his 'hissy' fits and put on his man shoes. |
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no, no bat but he did pull a knife.... my girlfriend is the one who called the cops, her mom pulled the classic "my baby didnt do nuthin"... shes pissed at my gf for calling the cops but fuck what else was she supposed to do? let her dad get stabbed by his son? i dont think so.... i guess its just a fucked situation all the way around, i know he's gonna end up being someones bitch in jail, the kid weighs like 130lbs soaking wet.... play stupid games win stupid prizes and all that
oh well maybe it will teach him a thing or two about the real world, he'll get to see what its like when mommy and daddy aren't around to save his ass, probably better in the long run. I just hope his parents dont bail him out... or pay for a lawyer Jr needs to learn how the real world works |
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He inflicted some form of injury on his father, hence the PC243(d) charge. If it was a straight battery, he would have been charged with PC242. Do you know what the injuries were?
ETA: 100,00.00 bail. I would take an educated guess that he was booked in on felony charges. The web site might tell you if it is a felony or misdemeanor, usually indicated with an F or M. He will get a public defender, so I wouldn't spend any money on him for a lawyer. |
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He will be interviewed and classified. They will take into account his age, education, criminal background (if any), circumstances of the crime etc. He will be given a rating based upon a pre-existing point scale. He will then be housed with other males of the same classification range.
Due to the fact hat he was arrested for what is a domestic violence crime, he will not be eligible for an Own Recognizance release prior to arraignment. His bail has been set according to the felony schedule which is why the bail is that high. He's lucky he wasn't charged with a more serious offense if he pulled a knife. The DA who reviews his case has the option of filing felony or misdemeanor depending on the facts of the case and his criminal background. His parents cannot drop charges, and it has been my experience that it's not in his or their best interest to do so. They can talk to the DA who is assigned the case and they may be able to get their two cents in about anger management, counseling and other programs that can help him in the long run. In the mean time make sure he has some money on his books (no more than $50 at this point) so he can make phone calls, buy hygiene items etc. while he's in there. Any money he doesn't spend he'll get when he's released. |
| he's 18, has a pretty extensive criminal background, i know his parents had to sell their house to pay for lawyer fees because of some shit he did a few years ago, ended up in rehab in utah for a few months.... i'll tell my gf to put some money on his books, but i dont think he deserves it , imo i don't think his parents should try to get the charges lowered, this isnt the first time hes fucked up and if they bail him out or spend a lot of money on an attorney he's not gonna learn shit. Hes lucky hes not my little bro, i wouldnt have called the cops, he'd be waking up in his bed wondering what the fuck hit him.... like i said he just turned 18, i feel bad for his dad, hes 54 and doesn't need this shit, he works for the city and 3/4 of his day involves meetings with important people, i think he's the city coordinator or something so the next few days he's gonna be talking to people with two black eyes and a busted lip, i know when i was 18 if i would have pulled shit like that with my dad he would have knocked me the fuck out and i would be looking for a place to live. |
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he's 18, has a pretty extensive criminal background, i know his parents had to sell their house to pay for lawyer fees because of some shit he did a few years ago, ended up in rehab in utah for a few months.... i'll tell my gf to put some money on his books, but i dont think he deserves it , imo i don't think his parents should try to get the charges lowered, this isnt the first time hes fucked up and if they bail him out or spend a lot of money on an attorney he's not gonna learn shit. Hes lucky hes not my little bro, i wouldnt have called the cops, he'd be waking up in his bed wondering what the fuck hit him.... like i said he just turned 18, i feel bad for his dad, hes 54 and doesn't need this shit, he works for the city and 3/4 of his day involves meetings with important people, i think he's the city coordinator or something so the next few days he's gonna be talking to people with two black eyes and a busted lip, i know when i was 18 if i would have pulled shit like that with my dad he would have knocked me the fuck out and i would be looking for a place to live. It sounds like prison is tailor made for tough guys like him. Once he gets out, he can then decide if he wants to clean up his act and go straight arrow or spend the rest of his existence with his prison buddies. |
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He's lucky if they don't add on charges, now that additional information is coming to light. Parents who go to the extreme measure of hawking their house on behalf of their 'baby' are not doing him any favors. He needs a 'Come to Jesus' experience like this to make up his mind; change the behaviors and mature or become a full time ward of the state and steal oxygen. Realistically though, he will be dead by 40-he's accelerating his misconduct as he gets older...it won't end well for him (probably).
The GF did the right thing. She is a keeper if she sticks to her guns, tells the truth and does not recant her witness testimony. If his dad had taken a firmer stance and been more involved with this turd, 99% we would not be having this discussion. You reap what you sow. (BTW-at this point in time it does not matter if the parents drop the charges: they probably can't...in fact a good prosecutor will use the parents refusal/misrepresentations to their advantage and show the jury just how dysfunctional the family/victim/perp is; just because you 'enable' or allow bad behaviors, does not mean it is legal and permissible). If he is in LA County, he may get lucky and get a reduced stay in custody due to crowding and $$$. Anywhere else or a prison sentence...well, he will have plenty of time to learn to modify his behavior. |
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He's lucky if they don't add on charges, now that additional information is coming to light. Parents who go to the extreme measure of hawking their house on behalf of their 'baby' are not doing him any favors. He needs a 'Come to Jesus' experience like this to make up his mind; change the behaviors and mature or become a full time ward of the state and steal oxygen. Realistically though, he will be dead by 40-he's accelerating his misconduct as he gets older...it won't end well for him (probably). The GF did the right thing. She is a keeper if she sticks to her guns, tells the truth and does not recant her witness testimony. If his dad had taken a firmer stance and been more involved with this turd, 99% we would not be having this discussion. You reap what you sow. (BTW-at this point in time it does not matter if the parents drop the charges: they probably can't...in fact a good prosecutor will use the parents refusal/misrepresentations to their advantage and show the jury just how dysfunctional the family/victim/perp is; just because you 'enable' or allow bad behaviors, does not mean it is legal and permissible). If he is in LA County, he may get lucky and get a reduced stay in custody due to crowding and $$$. Anywhere else or a prison sentence...well, he will have plenty of time to learn to modify his behavior. no he's in san bernadino county, his preliminary hearing is on the 7th... and yeah she is a keeper 
i have a feeling he'll get a slap on the wrist for this and nothing more... fucking kid gets away with everything |
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San Berdu has a rep for being real weak on the prosecution side of the house. Keep your distance and GF from that 'tard if they fail to pursue this effectively.
Bet you $1 that this fledgling sociopath was popped for Crystal as a kid, hence the out of state treatment/rehab and psychotic/immature behavior. |
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Due to the fact hat he was arrested for what is a domestic violence crime, he will not be eligible for an Own Recognizance release prior to arraignment. . UHHHH NO, that is not domestic violence, PC 243 (e)1 is the 243 section that deals with DV, and unless him and the dad were in a "dating" relationship there is no DV. Plus with those injuries it would have been the PC 273.5 section |
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He inflicted some form of injury on his father, hence the PC243(d) charge. If it was a straight battery, he would have been charged with PC242. Do you know what the injuries were? . Negative, PC 242 is just the definition of battery, the 243 section is what you charge ppl with. |
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He inflicted some form of injury on his father, hence the PC243(d) charge. If it was a straight battery, he would have been charged with PC242. Do you know what the injuries were? . Negative, PC 242 is just the definition of battery, the 243 section is what you charge ppl with. Been retired for a few years.  What is the 243 section for a straight battery on a citizen?
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Due to the fact hat he was arrested for what is a domestic violence crime, he will not be eligible for an Own Recognizance release prior to arraignment. . UHHHH NO, that is not domestic violence, PC 243 (e)1 is the 243 section that deals with DV, and unless him and the dad were in a "dating" relationship there is no DV. Plus with those injuries it would have been the PC 273.5 section The victim is his dad, the detention review officer will view it as DV no matter if it's 240,242, 243(d), 243(e)......You're confusing what the penal code definition is with the criteria the DROs use. It's not the same. You may consider my word gospel on this. |
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He inflicted some form of injury on his father, hence the PC243(d) charge. If it was a straight battery, he would have been charged with PC242. Do you know what the injuries were? . Negative, PC 242 is just the definition of battery, the 243 section is what you charge ppl with. Educate me please. A simple battery, no injury, no special category - just a regular citizen. For some reason I recall a PC242 charge. I'm just curious as I think that I have seen people convicted of PC242 or it might have been PC242/243. Maybe the law has changed?  Awaiting your reply..
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| 100k bail. Felony. 243(d) is serious bodily injury. Why do the parents think they can drop the charges? Are they the victim? Did he swing on the deputy? Did he kick the deputy when he was put in the car? Sounds like a jackass, and I would not bail him out. Best bet for you is stay out of it. |
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I agree, a good PD could probably have it reduced to a lesser offense or at least get misdemeanor terms on the 243. I hope he doesn't though; this dude needs some time off from normal society...he's already had a couple of light hand slaps. 180 days might be good for him, along with probation and anger management/therapy.
At least this dude won't be able to legally touch a gun for many years, even if he gets a 17b on the 243 charge. Like an above poster stated, you and the GF should stay out of it, and let them that made the mess, clean themselves up. |
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He inflicted some form of injury on his father, hence the PC243(d) charge. If it was a straight battery, he would have been charged with PC242. Do you know what the injuries were? . Negative, PC 242 is just the definition of battery, the 243 section is what you charge ppl with. Educate me please. A simple battery, no injury, no special category - just a regular citizen. For some reason I recall a PC242 charge. I'm just curious as I think that I have seen people convicted of PC242 or it might have been PC242/243. Maybe the law has changed? Awaiting your reply..I would just charge them with 243 (a) |
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Due to the fact hat he was arrested for what is a domestic violence crime, he will not be eligible for an Own Recognizance release prior to arraignment. . Swatter911, I am trying to understand your post???? What exactly do you mean by, "he was arrested for what is a domestic violence crime"? |
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Due to the fact hat he was arrested for what is a domestic violence crime, he will not be eligible for an Own Recognizance release prior to arraignment. . Swatter911, I am trying to understand your post???? What exactly do you mean by, "he was arrested for what is a domestic violence crime"? The DRO who looks over his case will view it as domestic violence, even though it does not fit the strict penal code definition you are referring to. They take a harder look at crimes between family members including father/son. My comment could have been worded differently, I didn't think the OP needed the legal definition, I was trying to put it in terms he would understand. |
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He inflicted some form of injury on his father, hence the PC243(d) charge. If it was a straight battery, he would have been charged with PC242. Do you know what the injuries were? . Negative, PC 242 is just the definition of battery, the 243 section is what you charge ppl with. Educate me please. A simple battery, no injury, no special category - just a regular citizen. For some reason I recall a PC242 charge. I'm just curious as I think that I have seen people convicted of PC242 or it might have been PC242/243. Maybe the law has changed? Awaiting your reply..I would just charge them with 243 (a) That doesn't make any sense. It is the same argument you made for not charging someone with PC242. PC243(a) is just the punishment. ETA: clarity and add PC sections. Here's both of the sections: 242. A battery is any willful and unlawful use of force or violence upon the person of another. 243. (a) A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. |
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He inflicted some form of injury on his father, hence the PC243(d) charge. If it was a straight battery, he would have been charged with PC242. Do you know what the injuries were? . Negative, PC 242 is just the definition of battery, the 243 section is what you charge ppl with. Educate me please. A simple battery, no injury, no special category - just a regular citizen. For some reason I recall a PC242 charge. I'm just curious as I think that I have seen people convicted of PC242 or it might have been PC242/243. Maybe the law has changed? Awaiting your reply..I would just charge them with 243 (a) That doesn't make any sense. It is the same argument you made for not charging someone with PC242. PC243(a) is just the punishment. ETA: clarity and add PC sections. Here's both of the sections: 242. A battery is any willful and unlawful use of force or violence upon the person of another. 243. (a) A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. 243(a) would be the charge on the field arrest data sheet that the judge reads. As opposed to 243(d) which exists to show that there was some level of more severe injury which may warrant felony charges. Then there's 243(E)(1) for domestic battery. You don't charge PC 242 because there is a metric ton of types of battery. The sections of 243 is the charging section because you could have a sexual battery, a simple battery, a battery with serious injury. The investigation made by the officer will help him determine what section of 243 applies and the person arrested should be charged with. Yeah, you could say they were arrested for PC 242/Battery but they will get charged with a specific section of PC 243. |
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He inflicted some form of injury on his father, hence the PC243(d) charge. If it was a straight battery, he would have been charged with PC242. Do you know what the injuries were? . Negative, PC 242 is just the definition of battery, the 243 section is what you charge ppl with. Educate me please. A simple battery, no injury, no special category - just a regular citizen. For some reason I recall a PC242 charge. I'm just curious as I think that I have seen people convicted of PC242 or it might have been PC242/243. Maybe the law has changed? Awaiting your reply..I would just charge them with 243 (a) That doesn't make any sense. It is the same argument you made for not charging someone with PC242. PC243(a) is just the punishment. ETA: clarity and add PC sections. Here's both of the sections: 242. A battery is any willful and unlawful use of force or violence upon the person of another. 243. (a) A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. 243(a) would be the charge on the field arrest data sheet that the judge reads. Wouldn't that be the DA that reads the arrest report? Doesn't the Judge read the complaint or information? As opposed to 243(d) which exists to show that there was some level of more severe injury which may warrant felony charges. Then there's 243(E)(1) for domestic battery. You don't charge PC 242 because there is a metric ton of types of battery. The sections of 243 is the charging section because you could have a sexual battery, a simple battery, a battery with serious injury. The investigation made by the officer will help him determine what section of 243 applies and the person arrested should be charged with. Yeah, you could say they were arrested for PC 242/Battery but they will get charged with a specific section of PC 243. Wouldn't your arrest report list the specific charge(s)? It would have to be listed in order to book a person or charge them. You would have already decided what the crime is and list the charge in your report. Which was one of my specific questions. What PC243 section is charged for a simple misdemeanor, no injury battery? |
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Which was one of my specific questions. What PC243 section is charged for a simple misdemeanor, no injury battery? Sorry, missed what precisely you wanted. With what you quoted, right there with PC 243(a) it lists the punishment as incarceration in jail not exceeding 6 months. For California, sentences up to a year in jail is typically the max for misdemeanors. Prison sentence and incarceration over a year typically denotes the felony. PC 243(a) would be your simple misdemeanor charging section. To me, seeing 243(d) is a deliberate charge for felony battery by the officer. Whenever something is a wobbler it gets charged as a felony, let the DA review the case and figure out if they want to drop to misdemeanor. |
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Which was one of my specific questions. What PC243 section is charged for a simple misdemeanor, no injury battery? Sorry, missed what precisely you wanted. With what you quoted, right there with PC 243(a) it lists the punishment as incarceration in jail not exceeding 6 months. For California, sentences up to a year in jail is typically the max for misdemeanors. Prison sentence and incarceration over a year typically denotes the felony. PC 243(a) would be your simple misdemeanor charging section. To me, seeing 243(d) is a deliberate charge for felony battery by the officer. Whenever something is a wobbler it gets charged as a felony, let the DA review the case and figure out if they want to drop to misdemeanor. When I was working (Retired after 25 years in 2004) I somehow remember charging PC242/243 as the misdemeanor battery charge. Maybe things have changed since then. My last assignment was the JUDGE Task Force in San Diego, so most of the stuff we were arresting for were drug and gang related, mostly felony stuff. |
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Which was one of my specific questions. What PC243 section is charged for a simple misdemeanor, no injury battery? Sorry, missed what precisely you wanted. With what you quoted, right there with PC 243(a) it lists the punishment as incarceration in jail not exceeding 6 months. For California, sentences up to a year in jail is typically the max for misdemeanors. Prison sentence and incarceration over a year typically denotes the felony. PC 243(a) would be your simple misdemeanor charging section. To me, seeing 243(d) is a deliberate charge for felony battery by the officer. Whenever something is a wobbler it gets charged as a felony, let the DA review the case and figure out if they want to drop to misdemeanor. When I was working (Retired after 25 years in 2004) I somehow remember charging PC242/243 as the misdemeanor battery charge. Maybe things have changed since then. My last assignment was the JUDGE Task Force in San Diego, so most of the stuff we were arresting for were drug and gang related, mostly felony stuff. Could also be a difference in geographic area with respects to the departments policies as well as working relationship with DA office and courts? We still throw in PC 664/ with some crimes where the attempt is serious such as a violent PC 245 where 664/187 is valid. |
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Which was one of my specific questions. What PC243 section is charged for a simple misdemeanor, no injury battery? Sorry, missed what precisely you wanted. With what you quoted, right there with PC 243(a) it lists the punishment as incarceration in jail not exceeding 6 months. For California, sentences up to a year in jail is typically the max for misdemeanors. Prison sentence and incarceration over a year typically denotes the felony. PC 243(a) would be your simple misdemeanor charging section. To me, seeing 243(d) is a deliberate charge for felony battery by the officer. Whenever something is a wobbler it gets charged as a felony, let the DA review the case and figure out if they want to drop to misdemeanor. When I was working (Retired after 25 years in 2004) I somehow remember charging PC242/243 as the misdemeanor battery charge. Maybe things have changed since then. My last assignment was the JUDGE Task Force in San Diego, so most of the stuff we were arresting for were drug and gang related, mostly felony stuff. Could also be a difference in geographic area with respects to the departments policies as well as working relationship with DA office and courts? Probably true. Thanks for the responses. |