JD45
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PC 422 (Criminal Threats) shall be punished
by imprisonment in the county jail not to exceed one year, or by
imprisonment in the state prison.
PC 273.5(a) Any person who willfully inflicts upon a person who is
his or her spouse, former spouse, cohabitant, former cohabitant, or
the mother or father of his or her child, corporal injury resulting
in a traumatic condition, is guilty of a felony, and upon conviction
thereof shall be punished by imprisonment in the state prison for
two, three, or four years, or in a county jail for not more than one
year, or by a fine of up to six thousand dollars ($6,000) or by both
that fine and imprisonment.
Now a sentence would depend on the circumstances of the case and his criminal history AND if he decides to take a plea bargain which would result in a lower sentence or take it to a jury trial and be found guilty.
If he takes a plea, they'd probably drop the criminal threats down to a misdemeanor and stick him with the felony domestic violence and IF this is his first conviction his jail time would be minimal. If he takes it to a jury trial and is found guilty, he could be facing some prison time. Not in the 9 years realm at all.
I even looked up PC 245 (Assault with Deadly Weapon) and it carries the same sentencing guidelines as domestic violence as long as a firearm isn't involved.
Bottom line is this. He won't see anywhere near 9 years even if his criminal history is plagued with domestic violence (no other convictions unless they're of a violent nature will come in to play). If he's smart and he did do this, he'll take a plea. The worst thing is to take it to a jury trial, be found guilty and then lose your plea and face a longer jail/prison term.
17 years ago @ JustPressPlay - Street Fighter IV (X360) · 1 reply · +1 points