Legal Question in Criminal Law in California
I have an arraignment tomorrow at the westminister court in CA. I slapped my boyfriend and he called the cops and they arrested me for battery against a cohabitant (I don't know why it says cohabitant, we don't live together). We both didn't and still don't want this to happen. He is going to be there tomorrow with me. I don't have a lawyer or money for one.
QUESTION: I don't know what I am supposed to plea.
3 Answers from Attorneys
Plead not guilty and ask the court to appoint a public defender to represent you. Do not plead guilty, or discuss your case with the district attorney or any other person. The fact that you are in a dating relationship is sufficient to satisfy the requirements of the domestic violence law. Also evaluate your relationship with your boyfriend.
If you are charged with a Penal Code 273.5, they have misfiled. You need to be living together (or previously lived together), married (or previously married, or have a child together to be prosecuted under 273.5. Moreover, you need to have inflicted a "traumatic" injury. You are not guilty of a 273.5.
However, you can be charged with a battery 243. Normally, a battery carries 6 month maximum sentence. If you have a current or previous dating relation, the maximum sentence is 1 year in county jail. That's just the maximum, not the amount you are likely to get. You would also be required to take some classes.
I know its too late - but for the benefit of others in a similar situation - You should "rethink" having your boyfriend (the named victim) show up in court. Do not assume that the prosecutor will drop the charges just because your boyfriend does not want to prosecute. Rather, what s/he is likely to do is interview him again and get him to admit that you slapped him so that they can note their file.
Not guilty, and request the public defender.
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