Legal Question in Criminal Law in California

Re: battery with intent to cause bodily injury

The DA can go forward, despite the wishes of the victim. Many will, however take the victim's view in deciding how they want to deal the case.

Re: battery with intent to cause bodily injury

Considering the terrible and long lasting consequences of any criminal conviction, I would think she would be intent on fighting these charges entirely and go for NO criminal conviction. If she can get either a dismissal or an acquittal she might also get a factual innocence finding, which will clear up her arrest record as well. This will be significant in career, school admissions, scholarships, bonding, security clearances, loan rates, and other areas of her life. No one should accept a criminal record if they are not guilty.

If the "victim" is willing to admit the accusation was false, all of this is possible.

For more info, you can read articles on my web site here:

http://lawyer-domestic-violence.com/domestic_violence.htm

and here:

http://lawyer-expungement.com/petition.htm

Re: battery with intent to cause bodily injury

What the victim wants can matter to a certain extent but not necessarily. It is not the victim who makes the decision whether charges will be filed. Also, what the victim wants rarely matters in domestic violence or really violent cases.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com