Legal Question in Criminal Law in California

I'm from California. Its my first offence. I'm charged with a misdemeanor domestic battery. No severe injuries. The complaintant doesn't wanna file charges but I know its automatic arrest and that the D.A. can still pick up the charges. I'm out now. Waiting on my next court date.. if found guilty will I do jailtime for this or can I do a program or what am I looking at?? Its my first offence. I'm very confused and worried about what to expect. Thank you.


Asked on 7/26/14, 12:16 pm

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Focus on NOT being convicted. Yes, the DA can file over her wishes, but there may be defenses or legal issues that affect their case.

If you are convicted, there are mandatory consequences such as probation, a year-long counseling program and various fines and fees. It also carries a lifetime ban on possessing a firearm.

You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

Please pardon any typos - posted via mobile device.

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Answered on 7/26/14, 12:22 pm
David M. Wallin Law Offices OF David M. Wallin

As a Former Deputy District Attorney, I have handled these matters for over 28 years now. Domestic violence charges are serious and, if convicted, will have potentially life-long consequences. To answer your question, you will, most likely be offered no more than 30 days in jail and 52 weeks of DV classes, and 3 years of probation. I would seriously suggest you contact an experienced attorney, and go over all the facts with the expert, so you can more pin-pointed advise on how you should proceed. Many attorneys, such as myself, offer free consultations, to help people get an idea on what they should do. Feel free to call. I wish you the best.........David Wallin

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Answered on 7/26/14, 12:55 pm


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