Legal Question in Criminal Law in California

I was arrested for 243e battery on my boyfriend. We were drinking and were drunk. We got into a arguement and it turned physical. I slapted him and he did me. But, we were really drunk and he got mad and called the police and i got arrested.

Now I have this charge. I have never been in trouble in my life! I am a 10 year army veteran and a nurse and in school full time. I am a decent honest person that is not violent nor dangerous. This was a isolate outburst that has never happened before.

We do not act like that or do things like that. I am in CA.

The DA is saying that I would have to go to jail for 5 days and go to domestic violence classes for a year! I just do not want jail time!! I am not a dangerous person, and my boyfriend did not press charges and is not going to go against me, because we love each other and we both were wrong in this situation.

Why cant I get a reduced charge?? to like a plan battery and no jail time?? I am so upset and I do not know what to do. I am 31 years old and have never done anything else bad in my life, beside a speeding ticket.

Re: Thank you so much for your quick response. I can not afford a attorney, I wish that I could, or pay someone payments, but it does not work this way.

The Police officer that came to my house when he arrested me took pictures of my BF, and said I am being arrested because he called and he had a mark on him. I did scratch him on his arm, after I slaped him, I pushed him out of the door way so I would get by, but the scratch was just a accident, the slap was real. My boyfriend did push me back after that. I can not afford a attorney, ugh.. i wish..

So, you think that I could still win this even if they have a picture of him? The two of us were so, drunk as well that is why this all happened. We never do things like this, we are not like that at all! I am so imbarresed, and I am helimated, with my work, friends and family! My father had to bail me out of jail! God, I never want to have that happen again, just the look on his face, made me want to cry!!

My father was a police officer for 10 years, and a homicide detective for 7 years in Modesto back in the late 70s and 80s. So I know my dad was not happy with me and I am not either, but it was a outburst that was isolated and I would never do it again! I do not even drink much, like only holidays and such. That is prob most of the problem I dont drink and my emotions got to me, and he said something that hurt my feelings, and we ended up having a fight.

I have to have a public attorney and he is not really that good never calls me back, So defently you think I should fight this, even with the pictures?

I did just seriously get a AA degree in criminal justice, how ironic is this, because I have my nursing degree, and that, because my long term plans were to work in Sacramento as a Medicare Fraud investigator, you have to have both backgrounds. My life has really turned around, since this one event, and I feel like I am going to have a break down just because I have worked so hard to get to where I am today.

All, it was my BF got mad because I slaped him we were drunk, and he called the police and no regrets the whole thing! As do I!!!

Kristi Allen


Asked on 10/13/09, 3:51 pm

1 Answer from Attorneys

Brian Dinday Law Offices of Brian R. Dinday

In what city are your court appearances?

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Answered on 10/13/09, 4:42 pm


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