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Penal Code Section 243 E is the Misdameano Domestic Violence Statute in the State of California.  The consequences can be severe for a conviction under this statute.

1. A person convicted under this statute could face a 52 week batterer treatment program.

2. A person convicted under this statute could lose there right to own or possess a firearm for up to 10 years. 

In addition there could be Jail time and fines and probation, which include being open to search and seizure, and

3. Can even affect your parental and visitation rights.

The Elements of the crime are as follows

1. Defendant committed battery upon the victim

2. At the time of the battery, Victim was the defendant's spouse or fiance, or an individual with whom defendant currently has, or has previously had, a dating reletionship.

 

Defenses to 243 E

FALSE ACCUSATION

There was no battery against the Victim, we had a case where a women called the poliice to report a domestic violence incident two days after it supposedly happened.  The police had already been to the house in the prior two days and did not make an arrest.  The husband broke off the relationship and she called the police to report the incident again there was no 911 call no witnesses, and no visible injuries.    Believe it or not the DA filed charges puting my clients freedom and reputation on the line. 

 

LACK OF EVIDENCE

Usually to file charges the District Attorney will want to see certain things

911 call

Independant witnesses

pictures of visible injuries

a history of violence by the accused

Many times a client will come to my office to ask if he should wait to hire us until charges have been filed this is absolutely the wrong way to proceed. Often police have only one side of the story if we are hired early we can bring our exculpatory evidence to the District Attorney.  This may head off charges and enable the District Attorney to see both sides, unlike the story above. 

 

So if you are accused of Penal Code 243 E Battery call us immediately to discuss your legal options.   Many times we can start to gather evidence and protect your rights before you go through a long lenghty court process.  

 

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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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