Legal Question in Criminal Law in California

Without complete information about the case, it is impossible to predict what will happen.

I am assuming your boyfriend is on probation for a violation of Penal Code 273.5, domestic violence causing injury to current or former spouse or cohabitant, or the other parent of his child. This offense does not require an intent to injure, only an intent to touch the other person in a harmful or offensive manner. If he grabbed you and you fell, causing a bruise, that could be sufficient.

If you do are not, and have never been, married or living together, and do not have any children, he could still be charged with a misdemeanor and possibly another felony. Even if the District Attorney decided not to file new charges, he could be found in violation of his probation for grabbing you.

Penal Code 273.5 carries a maximum punishment of four years in state prison. If he is found in violation of probation, the judge could give him anything up to the maximum term, minus credit for time already served.

There is little you can do at this point, except for cooperating with his lawyer, who will probably want to talk to you about what happened.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

Your boyfriend has some real legal problems. You need to speak to a qualified criminal defense attorney. Most attorneys give FREE consultations in their office. I have done 100's of domestic violence cases in my 25 years as a Former Deputy District Attorney and I am 1 of the few Criminal Law Specialists in the area. I would be more than happy to offer you a free consultation on the phone or in person so I may hear ALL the pertinent facts. I wish you and your boyfriend all the best. David Wallin

What should you do? Hire him an experienced attorney and follow the advice given. He faces serious prison time if convicted on the current charges, or the probation violation. His attorney may be able to use your firm desire not to press charges to convince the DA not to take it to trial, and to allow a reasonable plea bargain. Your testimony could be compelled, but wouldn't necessarily be helpful to the DA's case. Remember, DA policy is to prosecute DV cases regardless of the change of heart of the 'victim'. Too many are threatened by the abuser into retracting their complaint. If serious about getting him counsel, feel free to contact me. If he can't afford that, have him apply for the Public Defender.