California, United States of America
The following excerpt is from People v. Barnett, B223597, Los Angeles County Super. Ct. No. BA363068 (Cal. App. 2011):
4. Section 243(b) is a "wobbler" offense that may be treated either as a felony or a misdemeanor. ( 243(b); People v. Hawkins (2002) 98 Cal.App.4th 1428, 1457.) Because the trial court imposed a punishment other than imprisonment in state prison the offense is a misdemeanor. ( 17, subd. (b)(1).)
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