Man Wanted in Truckee in Conjunction with Domestic Violence Case (CA Penal Code 273.5 and 243(e)(1))

A 30-year-old man is currently being sought by the Truckee Police Department in conjunction, not only with an incident in a parking lot with a woman, but also for domestic violence, kidnapping, robbery, and child endangerment. Local law enforcement officials were alerted to the case by a woman who called for help from the parking lot of the Gateway shopping center, located on Donner Pass Road. Although the suspect fled the scene, police are still on the lookout for this allegedly dangerous man.

The state of California takes claims of domestic violence quite seriously. In fact, there is no one law prohibiting ‘domestic violence’ specifically, it is made illegal by a number of different portions of the Penal Code. For example, CA Penal Code 273.5 makes it illegal to perpetrate any kind of corporal (bodily) injury upon a spouse or someone you live with. Even if you do not currently live with that person, if you have ever lived with them, this may be considered domestic violence and covered under this section of the law. On the other hand, CA Penal Code 243(e)(1) prohibits what is called ‘domestic battery,’ or enacting any type of force or violence on a spouse or cohabitant.

Violations of CA PC 273.5 are treated as ‘wobblers,’ meaning that the facts of each particular case dictate whether or not prosecutors will try it as a misdemeanor or as a felony. A misdemeanor conviction could mean up to 1 year in county jail and a $6,000 fine, whereas a felony domestic violence conviction could mean facing up to 4 years in state prison. Furthermore, a violation of CA PC 243(e)(1) is usually treated as a misdemeanor, bringing with it a possible $2,000 fine and up to 1 year in county jail.

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