Legal Question in Criminal Law in California

Faulsley Accused of Domestic Violence

I was arrested for domestic violence a few months ago when my wife called the police to difuse a situation before it got out of hand. No crime had been commited but because of not trusting the law I left before the police arrived. My wife told them the situation and because of a phone line that I was repairing at the time and left it not connected the police assumed I ripped it from the wall and my wife never said that I didn't I was arrested for DV We've been to court several times and she has been there each time in my defence and has told the DA that it wasn't at all the way the police report states and has told him the real truth, But the DAs office won't drop it, they want to put me in jail for 6months and a 52 week anger managment class. To me it seems as if they should drop it especialy when there only witness is not pressing charges and disputing their case. What do you think my chances are? Their offer to settle is no jail and 5 years probation and 52 week anger managment class for something I didn't do, not much of an offer. Thank you for your time. Stressed in CA


Asked on 2/15/04, 12:05 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Faulsley Accused of Domestic Violence

Unless you get a good attorney, you are facing serious jail time. Handling this yourself is not a good idea. Listen to the other attorneys' advice and hire someone local.

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Answered on 2/16/04, 2:53 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Faulsley Accused of Domestic Violence

There is a reason that no one believes your wife. It is common for the wife to deny that they were attacked, even when there is physical evidence of the attack. Juries are prone to convict in cases of domestic violence. Because you indicate that there were no injuries you may be able to convince the da that a shorter anger management class would be sufficient to avoid future incidents.

If you go to trial and are convicted which is very likely, you will have to do the 52 week domestic class and face substantial county jail or prison time Disconnecting a telephone to prevent an individual from calling the police for assistance is a felony.

Your safest course of conduct is to make the best deal you can and take the required classes.

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Answered on 2/15/04, 2:21 pm
George Woodworth Law Office of George Woodworth & Associates

Re: Faulsley Accused of Domestic Violence

The DV law has been changed to require that DAs in California go forward with these cases unless there is a substantial weakness in their case. DAs are taught that just because a wife does not back up an earlier version of what happened, that they still have a case, and can impeach any "new" version of the facts, with a police officer's testimony of what she told him at the time of the first police report, and if the jury believes him rather than her, then you could be convicted. But, if your wife is a good, convincing witness, and as you say the physical evidence is weak, then you could win at Trial. The DA is unlikely to make you a better offer. If you would like to discuss this further, you may email me (see below) or call me to discuss a possible Trial, and how much that would cost. Thank You, Attorney George Woodworth

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Answered on 2/15/04, 3:09 pm


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