Stacie L. Patterson Law Blog

In an earlier blog, I wrote of Billy Joe Stringfield III, previously charged with felony child abuse.  At trial several years ago, a jury convicted Stringfield of misdemeanor child abuse, not felony conduct.  Now that Samuel Dahlke, the child victim of Stringfield has passed away, the San Diego Police Department is investigating whether Stringfield should be charged with homicide.  One must wonder why the jury convicted Stringfield of a misdemeanor.

The prior jury’s decision to convict Stringfield of misdemeanor child abuse probably resulted from its view of whether Stringfield’s criminal conduct was likely to produce great bodily injury.  Child abuse, in violation of California Penal Code section 273a, can be charged as either a felony or a misdemeanor.  The crime is a felony when a judge or jury concludes the perpetrator committed the offense in a manner likely to produce death or great bodily injury.  The offense is a misdemeanor when committed under circumstances or conditions other than those likely to produce great bodily harm or death.

Apparently, the jury who heard the case against Stringfield believed he did not engage in abuse likely to produce great bodily harm or death.  Consequently, Stringfield was convicted of a misdemeanor instead of a felony.

If you have been accused of misdemeanor or felony child abuse, contact Stacie L. Patterson at (619) 269-8074.