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Domestic Battery or Violence Bail Bond 101?

Ca “Domestic Battery” Law Penal Code 243(e)(1) PC

The charge of “domestic battery” is one of the more common domestic violence charges.

What is Penal Code 243? 

California’s domestic battery law, Penal Code 243(e)(1) is any willful and unlawful touching that is harmful or offensive—and is committed against the defendant’s spouse or former spouse, the defendant’s cohabitant or former cohabitant, the defendant’s fiancé(e) or former fiancé(e), a person with whom the defendant has or used to have a dating relationship, or the father or mother of the defendant’s child.

What is there is no injuries?

A defendant can be arrested and convicted of domestic battery (sometimes known as “spousal battery”) even if the “victim” is not injured. All that’s required is that the defendant use “force” or “violence”.

What is the difference between Domestic Violence and Domestic Battery?

PC 273.5 Domestic Violence charge which requires that the victim suffer some form of physical injury. Domestic violence is also commonly referred to as domestic abuse, spousal abuse or spousal battery. “Abuse” means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury. “Domestic violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has a dating or engagement relationship.

PC 243 Domestic Battery which is corporal injury on a spouse, cohabitant, or parent not requiring physical injury.

What are the unintended consequences that come with a domestic violence conviction?

Although PC 243 is a misdemeanor it is still crime that will go on your record and can cause you to loose your license if you are a doctor, realtor, lawyer bail bonds etc because it is considered a crime of moral turpitude. If you have been arrested for any form of domestic violence you should post a bail bond immediately and find a good criminal defense attorney to help you with your case. 

What should I do if arrested for DV? 

The first thing you should do is post a bail bond immediately. This will allow you to meet with your attorney or interview attorney’s. Your attorney can be proactive in trying to get the district attorney to not file charges. Sometimes PC243 arrests have nothing more than a he said she said and the police arrest a person because they have liability if someone later gets hurt and yet there is not enough evidence to file and win a case. This is when a good attorney maybe able to convince the DA’s office that the case is too weak to file.

Why should a bail bond be posted immediately when arrested for domestic battery or violence?

It is important to remember that all jail phone calls are recorded. This means you have no privacy to discuss what just occurred. You cannot interview attorney’s nor have a lengthy comfortable private meeting with your attorney to discuss your defense. 

Can Domestic Battery PC 243 be increased to Domestic Violence PC 273.5?

Yes, and this is another reason to post a bail bond immediately. You are arrested for Domestic Battery with no signs of injury. Later bruising shows up and if reported it can give the district attorney the reason to argue the charge should be increased or the defendant should be charged with domestic violence a greater charge which can also be charged as a felony. 

What is the bond amount for Domestic Violence or Domestic Battery?

Domestic Battery is generally charged as a misdemeanor whereas Domestic Violence can be a misdemeanor or a felony. Bail bond amounts generally go from $20,000 to $100,000. The majority of PC 243 bonds are up to $20,000 and the majority of PC 273.5 bonds are $50,000.

If you need help with a domestic violence or battery bail bond please call me for a complete explanation of the process and options. Payments plans available.

Chad Conley Owner of Chad Conley Bail Bonds 855-223-2423 

 

What do I do if arrested for Penal Code 647(a) Engaging in or Soliciting Lewd Conduct in Public?

The first thing you do is call a bail bondsman to post a bond. This will allow you to be out of custody to fight your case. You will be able to set up multiple attorney appointments and interview who might be best for your case.

How do I find the right bail bondsman for a PC647 charge?

Selecting the right bond company and bondsman can be very different for this kind of case and here is why. First off most people although they won’t admit it are very judgmental. The vast majority of bondsmen work for larger or corporate bond companies and have little power after they have sold the bond. This kind of case is very personal and will normally last a very long time. This means you will have a relationship with the bond company and what this relationship is can be very important to the outcome of your case!

What is important to consider when selecting a bail bondsman?

Some of the things to consider would be: Is the person on the phone an owner or sales agent? What is the cost of the bond? Are there any additional fees, interest, posting fees? If charges are added and the bond goes up will the bondsman give credit for amount already paid or will you be forced to pay for an entirely new bond? What happens if the DA files after the arraignment plus 15 days? Will they reassume the bond or tell you sorry you need a new bond? (This happens a lot in PC647 and PC288 cases)

Are all calls and communication with an inmate in jail private?

Remember that when speaking to any inmate in jail that every conversation is recorded. As much as you may want to hear what happened you must not ask them over the phone. It is best to post a bail bond and save this conversation for privacy after they are bailed out.

What is PC647(a)?

You are charged with California Penal Code 647(a) when you engage in lewd or dissolute conduct in any public place, or you solicit someone else to do so. Lewd conduct is defined as touching your or another’s private parts for the purpose of sexual gratification, or to annoy or offend someone else. Private parts refer to the genitals, the buttocks, or a female breast.

What are the Penalties for California Lewd Conduct in Public?

Violation of Penal Code 647(a) is a misdemeanor. It is punishable by up to 6 months in county jail and/or a fine of up to $1,000. Currently, a conviction for lewd conduct in public does not require registration as a sex offender. However, prosecutors often charge it together with Penal Code 314 “indecent exposure” which does trigger lifetime sex offender registration. Most California Penal Code 647(a) lewd conduct arrests involve undercover sting operations. Decoy police officers pose as gay men in bathrooms, parks and adult bookstores. These undercover cops try to “bait” you into sexual behavior. When you expose yourself, masturbate, or propose some sexual act, they arrest you. It often amounts to very clear cases of police entrapment.

For more information please call me I can help. I will explain the entire process and make sure you feel confident you know how and what to compare and what your options are.

Chad Conley Owner of Chad Conley Bail Bonds. 855-223-2423