Legal Question in Criminal Law in California

Charges on Inflicting Corporal Injury on Spause/Cohabitant
My Question is this i had an argument with my boyfriend (5yrs) over the car keys he was going to drive drunk so he forcefully took out the keys from my hand. However we were arguing loudely so the neighbors called the police. When the police arrived he had left Driving under the influence. The police asked what happened and i gave the report. They took pictures of my hand injurys (minor scratches) and advised me to call the police if he rerturned they also told me that i should ask for a restraining order against him for me and our child. Minutes later he was arested and taken to jail as the cought him Driving under the influence. He is now facing DUI charges and Domestic violence charges (PC 273.5 (A) Inflict corporal injury on Spouse/cohabitant). My question is can i retrieve these charges? He didnt hit me in any way he just forced the keys out of my hand. What can i do to remove this charge? He plead not guilty to the charge was that the right thing to do? what should be our next step? Help.

Asked on 7/02/03, 7:02 pm

4 Answers from Attorneys

David Diamond Diamond & Associates

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Re: Charges on Inflicting Corporal Injury on Spause/Cohabitant

GIVE US A CALL SO WE CAN DISCUSS YOUR CASE IN MORE DETAIL. Larry Wolf 310 277 1707

Answered on 7/03/03, 2:24 am

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OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

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Re: Charges on Inflicting Corporal Injury on Spause/Cohabitant

Your best bet is to provide him with a retained attorney who will help him through the system. Call me directly at (619) 222-3504.

Answered on 7/03/03, 10:24 am

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Edward Hoffman Law Offices of Edward A. Hoffman

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Re: Charges on Inflicting Corporal Injury on Spause/Cohabitant

You next step -- if you haven't done so already -- should be to get your boyfriend a lawyer. After that is done, your boyfriend should get advice re: strategy from that lawyer and not from the internet -- after all, his own lawyer will know far more about the facts than we do.

There is probably nothing you can do about the DUI charge. You were not the victim of that offense, and the police and the courts are (quite properly) inclined to prosecute these cases where there is enough evidence to support them. There may be specific facts here which will support a valid defense or at least lead to a plea bargain, but your message doesn't indicate any.

The corporal injury charge seems pretty weak based on what you have said. It sounds like your boyfriend hurt you unintentionally, and I believe the crime requires an intent to injure. I may be wrong on this point and I haven't done any research, but even if the crime can be committed without such intent the facts you describe seem rather weak. He may well be able to get this one dropped or at least to get a good plea agreement.

Answered on 7/02/03, 7:19 pm

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