Fresno Criminal Defense Attorney Jonathan Rooker understands how difficult a criminal accusation can be in a person's life. As a Criminal Defense Lawyer our clients are commonly going through the same difficulties, and we can help. It is difficult to explain to family, friends, employers, and future employers that, "I got arrested for domestic violence, do I need a lawyer" "I have been charged with PC 243(a) Domestic Battery" which is why you may have many questions. Some questions involve firearm ownership, restrianing orders, or criminal sentences. If you have questions, don't wait until too late to ask an attorney to help.
Pen Code Section 243. Battery --243(a) A battery is punishable by a fine not exceeding ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
PC 243(e)(1) When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiance', or fiancee or person with whom the defendant currently has or has previously had, a dating or engagement relationship. the battery is punishable by a fine not exceeding two thousand dollars ($2,000)., or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution of imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in , for no less than one year, and successfully complete, a batterer's treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However,, this provision shall not be so construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution.
(2) Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements;
(A) That the defendant make payments to a battered women's shelter, up to a maximum of five thousand dollars ($5,000).
(B) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense. For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under the is subdivision, the court shall make a determination of the defendant's ability to pay. In no event shall any order to make payments to a battered women's shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married persons caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
I was convicted of Domestic Violence, can I still own guns? If I get convicted of Domestic Violence, will I lose my gun rights?
FIREARMS RESTRICTION: Be aware that a conviction under PC 243(e) Domestic Violence will result in a lifetime firearm prohibition. California Law requires a 10-Year Prohibition because PC 243 is considered a violent misdemeanor. However, under the Lautenberg amendment to the Gun Control Act of 1968, A person convicted of a misdemeanor crime of domestic violence will be prohibited from owning an/or possessing firearms for the duration of their lifetime. (See Domestic Violence Information)