Legal Question in Criminal Law in California

agreviated battery plea

on a nolo contendre plea to

agreviated battery plea1.)is this first of all o.k. to plea to this if it will be

guaranteed to change to a misdeminor conviction battery in 12 months if good behavior and no trouble in the 12 months

2.) will not show as a conviction of

felony to loose state licenses ..only

if someone digs.

3.) if person sued civily already and

withdrew without prejidous.. can

she come back and sue immediately once the plea is entered as battery?

4.) Can you leave state?

5.) or take chance and go to trial

one more time after hung jury 7-5

my favor?


Asked on 3/07/08, 10:27 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: agreviated battery plea

You should not expect any attorney to give you specific legal advice and answers to such serious issues without consulting and understanding all the facts and background; to do so would be highly improper and a violation of legal practice standards. This forum is not designed for anything but general guidance as to whether you have a problem that can be handled, and suggestions on where/how to find help. What you're asking should be directed to your retained attorney handling the case, whether private or Public Defender. If you're doing this pro per, and needing these kinds of questions answered, then you have a bigger problem than you understand.

With all that said, if you can get a 'deal' that results in reduction to misdemeanor, why would you risk prison time by going to trial again? The woman can sue you no matter what you do, so it's up to you whether to plead, and it's up to the DA and court as to what charges they will accept the plea. Your terms of probation will determine whether you can leave the state. Make sure you understand what you're doing before agreeing to any plea.

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Answered on 3/09/08, 4:07 pm


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