Hi! I have a question about domestic violence. Recently my sister got beaten up pretty bad by her boyfriend, and I am wondering how they would determine if this is a felony or a misdemeanor?
The reason I ask is because he beat her up, and she went into court facing a felony, and he was facing only a misdemeanor!!! Well his dad happens to be a judge in the same court and has a history of making his sons felonies go bye-bye. This kid has walked into court three times facing felonies!! And has a perfectly clean record. Just as clean as mine and I have never been arrested!
But that is a little off topic. I want to know what information is used in a physical domestic dispute to determine if it is a felony or misdemeanor. Please cite your sources.
And if you happen to know who I can write to about the corruption being investigated that would be appreciated too. Thanks.
2007-08-01 11:45:23 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I live in California.
2007-08-01 11:46:45 · update #1
During the scuffle she had called the judge at home to come remove his son. By the time he got there his son was in cuffs, and she was not. After the judge went and talked to the cops then she was placed under arrest. For what? Getting her *** kicked. She has bruises all over her body and he has nothing. She weighs 113 lbs, and he is a fatty. She walked in facing a felony and he was facing a misdemeanor.
I guess when he told me "I can do anything I want because my dad is a judge" he was right.
AND OH YES HE DID SAY THAT!!!!
2007-08-01 12:22:16 · update #2
Not me! I work for a living
2007-08-01 11:48:39 · answer #1 · answered by 1st Buzie 6 · 0⤊ 2⤋
The Cal Penal Code defines specifically what would be misdemeanor assault and what is felony assault.
If his father is a judge, then that judge should be nowhere near the case -- it's a serious ethical breach for hist father to even talk to the judge that's hearing the son's case.
But the decision under which statute to prosecute the person is made by the DA (or by the grand jury), not by the judge.
2007-08-01 11:49:33 · answer #2 · answered by coragryph 7 · 0⤊ 1⤋
You can contact the state attorney general about the corruption part.
But if it were my sister (after I "accidentally" hit the guy with my car repeatedly), I'd make my sister sue him in civil court for intentional tortious assualt and sue his daddy for covering it up. Let him try to walk away from THAT.
Domestic violence is a misdemeanor in most jurisdictions, but assault is not. He should be charged with both if he's beating up his girlfriend.
2007-08-01 11:53:29 · answer #3 · answered by Hillary 6 · 0⤊ 0⤋
Nice try. Daddy can't have a say in the case.
2007-08-01 12:29:25 · answer #4 · answered by Anonymous · 0⤊ 0⤋
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2007-08-01 13:01:54 · answer #5 · answered by CITRONGE 2 · 0⤊ 1⤋