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I got arrested on domestic violence and show up as a felony but my papers say it was a misdemeanor. how do i go about changing i

Los Angeles, CA |

i finished everything all classes.

Attorney Answers 5


You do not tell us what was filed or whether there was a conviction. In any case, call your lawyer or retain one.

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273.5 Domestic Battery (called Corporal Injury to a Spouse) can be either a felony or misdemeanor. As part of your plea deal, if you pleaded guilty to a felony, the Judge may have reduced the charge to a misdemeanor upon the completion of all classes. You should check with the Clerk in the Court in which you had your matter heard to figure out why it says it is now a misdemeanor.

I think what you are asking is not the above, but why the papers show it as a felony. 273.5 is either a misdemeanor or felony. You may have been charged with felony 273.5.

Seth Weinstein, Esq.
Practicing throughout Southern California
(310) 707-7131

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

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Many law enforcement agencies will make an arrest on a DV case as a felony if there are any type of visible injuries. Others will arrest as a misdemeanor. In both cases, the report will be forwarded to the DA's office and it will be up to the charging deputy DA to decide whether to file the case as a misdemeanor or felony. DV cases that results in a DV related charge whether it is a felony or misdemeanor have consequences relating to gun rights, immigration issues, and definately something to be very concerned with. Consult an experienced criminal defense attorney in the area where the arrest was made, and do not post facts here because it is a public forum.

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Your question is a bit confusing. It looks like you were initially arrested on a felony charge. Later the prosecutor filed the case as a misdemeanor. If that's the case, there is nothing you want to change. The conviction will appear on your record as a misdemeanor.

If your booking record shows an arrest for a misdemeanor, but when you went to court it was filed as a felony, then the only way to reduce it to a misdemeanor is if your attorney gets you such a deal, or if the felony is reduced to a misdemeanor based on a PC 17(b) motion. Contact an attorney for more details.

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Mr. Kaizuka answered your question perfectly. On most DV cases when you are arrested law enforcement will ask for the higher felony bail. So your initial paperwork will almost always say Felony. If you plead to a misdemeanor DV then your sentencing sheet should show the misdemeanor. You need to add more information about what "papers" you are talking about but think that's probably what you are hung up on.

Brian Michaels

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