Legal Question in Criminal Law in California

Abused female charged with felony abuse on abuser

i was asleep when my drunken, ex-boyfriend came home and drug me out of bed. i went to lite a cigarette on the stove (I knew the phone was in there and also a door i could exit from). Placing me in a headlock, he pushed my head towards the flame. I panicked and hit and clawed at his face. This has happened before (police came but left without arresting anyone cuz there were no marks on either of us) so i knew to be scared. he is 205 pounds and i 135. I attempted to call 911 but he hit the phone from my hands- rendering it useless (batteries came out) before i could speak.He grabbed me and threw me into the mantle.i hit my head (police felt the bump) and knocked over some furniture. I found my keys and ran to car.before i could start it he jumped in-laid his full weight across me.I was hyperventilating and under his weight when police arrived. He prevented me from calling police and from leaving. he has two black eyes and a scratch near his eye. bump on my head and a long bruise on my leg . both arrested.took him to jail.booked and released me at station.ticketed and charged with 273.5 PC. Am I guilty? Self defense? what should i do? no money. court 7/9


Asked on 6/26/99, 5:42 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Abused female charged with felony abuse on abuser

This response is to late for July 9. Your statement is that you respondend to his attack on you. An individual has the right to defend their person from an attack. It would appear from what you said that you used considerable force while defending yourself. Boyfrient has several bruises and two black eyes. However, based on the difference in size between you and the boyfriend the amount of force you used was not excessive.

You should request that an attorney be appointed to represent you. You should not make any further statements except to your attorney.

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Answered on 7/12/99, 7:47 pm


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