Legal Question in Criminal Law in California
I was charge with a 273.5 (a)p.c., bailed out, waitting court in 18 days, what should I expect.
should I go by my self or should I look to get a l lawyer.? my wife in not pressing charges.
2 Answers from Attorneys
Penal Code 273.5, domestic violence with injury, is a very serious charge. It can be filed as a misdemeanor or a felony with a maximum of four years in prison. If convicted, even as a misdemeanor, federal law will prohibit you from possessing a firearm for the rest of your life. If you see not a citizen, you could be deported.
Your wife does not have the option to "press charges" or drop them. Only the District Attorney can file criminal charges and domestic violence cases are often prosecuted over the victim's objection.
This is not a do-it-yourself project like fixing a leaky faucet that you can handle with a little advice you got on the Internet. You definitely need a lawyer. If you can't afford to hire one, ask the judge to appoint the Public Defender.
Because your wife is not interested in seeing you prosecuted, there may be things your attorney can do at the very first court appearance to protect you.
Yes, you're much better off with an attorney with you on the first day. As Mr. Marshall indicated, if you cannot afford one, the court will appoint a public defender to represent you, but if you can hire an attorney BEFORE your court date, do so so that you can have somebody that can start protecting you immediately. Some things happen at the first court appearance that you can't undo easily.
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