How much time would a person get if they where charged with Corpoarl injury, False Imprisonment and D.V.?

Asked almost 5 years ago - Sacramento, CA

My brother was arrested 3 day ago for Corpoarl injury and False Imprisonment. How much time can he get and what should I do to help.

Attorney answers (2)

  1. Joseph Briscoe Dane


    Contributor Level 20

    Answered . Corporal injury (Penal Code section 273.5) is a "wobbler" meaning it can be charged as a felony or a misdemeanor by the prosecutor. The extent of the injury and his record will be considered in that decision. False imprisonment is a misdemeanor unless it was done by force and violence, in which case it can be a felony.

    What can you do to help? Help him get a lawyer if at all possible before his first court appearance. The judge will likely try to impose a restraining order at the arraignment. It can not only keep him away from his wife, but possibly kick him out of his own house.

    Discuss all this with a good criminal defense attorney.

  2. Robert Lee Marshall

    Contributor Level 20

    Answered . Penal Code 273.5, corporal injury to a spouse or other specified people, is a "wobbler," which means it can be charged as a felony or a misdemeanor. The maximum prison term is four years (five if the person has a prior felony 273.5 conviction) for a felony, and a misdemeanor conviction carries up to a year in jail.

    False imprisonment by violence, menace, fraud, or deceit is a felony, with a maximum prison term of three years. Without those factors, it is a misdemeanor with a maximum of a year in jail.

    Due to the way California felony sentencing works, the maximum sentence for both of these charges would be four years, eight months -- with an additional year if he has a prior felony 273.5 conviction.

    Depending on the circumstances and his prior record, he could also get probation with up to a year in jail. He would also be required to complete a 52 week domestic violence program.

    The best thing you can do for your brother is to help him hire a lawyer. If you can't afford to hire a lawyer, the judge will appoint the public defender to represent him.

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