QUESTION:

My cousin and his girlfriend broke up after she slept with a cousin of ours. He was angry and she was trying to block him from leaving he slapped her. He was later arrested on Thanksgiving day. He’s on bail and she keeps trying to contact our family. He has court next week this is his first time with a domestic violence case. Will he get jail time?

ANSWER:

His bail will likely keep him out of jail while the case is open.

The most common assaultive DV crimes are PC 243(e), which is punishable by 0 to 364 days in the county jail; and PC 273.5 which is punishable by 0 to 364 days in the county jail or by 2, 3, or 4 years in state prison.

A single slap was most likely charged as a 243(e) misdemeanor. No outcome is ever guaranteed, but a skilled lawyer will have a litany of options to keep him spending another night in jail.

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