Legal Question in Criminal Law in California

Battery

I have a restraining order on an ex-boyfriend. He has been arrested several times for Domestic Violence. Well one day after I had enough of the phone calls and threats I went to his house and had a verbal argument that lead to me slapping him and biting him. He has now filed a complaint of battery. I was wondering what I should plea and what kind of punishment would be offered if found guilty. I am a student on Government cash aid and have no criminal back ground. I dont understand why the judge has not punished my ex-boyfriend but they are coming down on me. I understand this was the wrong actions, but you can only take so much. I figure if the court system would have put him in jail like they keep saying I would have not gotten this frustrated and did what I did. He has a public defender that keeps asking for a continuence and buys him more time what can be done to progress this along. He has been arrested at least 9 times since April 2001. Please help.


Asked on 8/30/01, 11:56 pm

4 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Battery

Thanks for your posting. As you've probably learned, your case is independent of your ex-boyfriend's case. I don't believe that any attorney can answer "what you should plea", unless there is a full review of all the facts of your case, including the police report, and what all of your defenses might be. You can always plead guilty after you are sure of what your punishment will be, but you can't take back a plea of guilty easily. The punishment is up to the judge at the arraignment, and is up to the district attorney if a plea bargain. Either can give you anything from the minimum, which is a $100 contribution to the State Victim's Fund, and probation, or the maximum, which is one year in jail and/or a $1,000 fine. The prosecutor, however, also has the power to reduce charges as part of a plea bargain. I'd be happy to answer any other questions you might have via phone at 1-877-568-2977, or via email. And I would be more than happy to represent you, if you chose to have representation. Thanks, and best of luck.

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Answered on 10/01/01, 2:18 am
Steven Mandell Law Offices of Steven R. Mandell

Re: Battery

You don't say where the events occurred, or what court you'll be going to, but you should consult with a criminal lawyer in your area PRIOR to going to court. An analysis of your situation and an appraisal of your legal strengths and weaknesses should be done before you decide how to resolve your case. If your case is in Los Angeles, don't hesitate to call me for a free consultation.

Steve Mandell, Attorney at Law,

Santa Monica, CA. Telephone:

310 393 0639

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Answered on 10/01/01, 2:42 am
Victor Hobbs Victor E. Hobbs

Re: Battery

I've read the two previous answers. I will only suppliment their answers. No attorney is going to recommend that you enter a plea to a charge until they have reviewed the police report and all of the circumstances (facts).

The inaction of the court system and continued harassment by your boyfriend would be a good defense to the charge if the D. A. files the case against you. Although it is not a perfect defense. However, it sure would get my sympathy if I was on the jury for the trial.

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Answered on 10/01/01, 7:26 am
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

domestic violence

First you should have never went to his house with the restraining order in place. I suggest you contact a local community organization that provides legal advise for victims ofdomestic violence. Most bar associations have special pro bono attorneys, or a list of attorneys that provide pro bono services for women who are victims of domesitc violence. Not knowing where you live, I cannot say more.

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Answered on 10/02/01, 12:10 am


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