Legal Question in Criminal Law in California

Assalt and Battery with Terrorist threats

I have been charged with assault and battery with terrorist threats against my girlfriend. I had decided to end the relationship with my her, and she went into a panic not letting g me leave and restricted me from moving, this lead to me struggling free and becoming physical in order to be free resulting in bruises on her arms and I also pushed her head on the ground during the fight which cause a slight concussion. I did tell the police that I had pushed her head while struggling after she was hitting herself telling me she will tell the police that I had hit her. I only wanted to leave after telling her I no longer want to be with her, and because she restricted me from moving, resulted in this struggle leading to my arrest. My girlfriend has a history of depression and suicide. Can this aid in my defense since I didn't leave because I feared for her safety? What are the possible convictions for these two charges and what can I do to show that I had no intent to harm her, and the harm was a result of her grabbing me and not letting me go, when I informed her that I don't like it, and that it is making me angry?


Asked on 2/13/07, 5:10 pm

2 Answers from Attorneys
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: Assalt and Battery with Terrorist threats

Generally, the potential sentence in your case depends on whether you are charged with a misdemeanor or felony. If you are charged with a misdemeanor for each charge the maximum potential sentence is one year in the county jail. If you are charged with a felony, each charge carries a maximum potential sentence of, assuming it is 245(a)(1) or a 273.5, 2,3 or 4 years in state prison for the assault charge; for the criminal threats charge, if it's a P.C. 422, as a felony the potential maximum sentence is 16 months, 2 or 3 years. This assumes no sentencing enhancements for injury are charged.

As far as the factual scenario you presented and its effect on your case. It would be inappropriate for me to give a legal opinion or discuss that here as I don't have all the facts in your case. It does appear that you need legal counsel for this case. If you can't afford an attorney the court will appoint one for you.

Additionally, you were likely given a "stay away" order in this case. Please remember that if you violate that order the court can keep you in custody while you are fighting your case and it can be the basis for new charges.

Good luck,

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Answered on 2/28/07, 7:23 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Assalt and Battery with Terrorist threats

Thanks for your question. I agree with Ms. Condes' answer regarding the range in sentencing, based on the limited information provided, and from what has to be just a "guess" at this point on what your actual charges are. Your statement, and any corroborating physical evidence, as well as medical or psychiatric evaluations and records regarding your girlfriend, might help assert your defense.

I hope this helps, but if you have any additional questions, or would like legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.

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Answered on 2/28/07, 11:25 pm


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