Legal Question in Criminal Law in California

MY husband and I had got in an argument early during the day he had left. I then picked up my brother and brought him to my house so he could spend the night with me so I wasent alone. Then around 10pm I was on my cell phone and he had got to my house I did not realize this. My brother had been outside checking on dog a couple hours before and did not lock the door. My husband walked in while lying down and I was on the phone. He then asked me "who are you talking to?" I told him a friend and his girlfriend was having there baby and wanted to know if I wanted to go. He did not believe me since my husband has always been a jealous man. He asked me for the phone and I replied no why are you in my house get out. This mad he angry and he tried grabbing the phone, I was holding it tightly so he could not get it and he was trying to get it so bad that he ended up biting me on my left arm. He ended up grabbing the phone and I asked for it back. He would not give it back and he tried to leave with it. I asked for it back again and was standing in front of the door so he could not leave and give me back my cell phone. He did not want to give it back so I opened the door and ran out to his car to get his phone to call my mother and he ran after me took me out his car and I then grabbed my 2 year old son and told my brother to get in the car we then drove to my mothers house and she called the cops.

The cops got there I told them the story I mentioned above and they took a picture of the bite on my arm. They said he would be arrested and asked me if I wanted to press charges against him I replied "no", he then asked me if I wanted a restraining order I replied "yes" and he gave me a temporary restraining order. I was driving home when I saw a sheriff parked at his friend�s house that lived 3 houses away. They had found him at his friend�s house and arrested him. The sheriff saw my car flashed the lights and said he would like to talk to me so Go Park in my drive way I did. He then told me that my husband would be booked and would have a court date and when he got out he had the right to pick up his stuff from the house with a police officer with him. I replied ok and he left.

I recently found out that he was charged with PC273 5A, and the description of CORPORAL INJ SPOUSE COHAB level felony.

I would like to know what could possibly happen in this case and can he still be convicted even though I did not press charges against him. I would also like to know if there is a way he could get a lighter sentence if convicted or if he could possibly have any possible way of getting out since this was his first offense and he has never been in trouble with the law.


Asked on 5/25/11, 12:53 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Here's the bottom line:

They can file charges against him, even if you don't wish them to. Whether they can go forward depends on all the facts and evidence in the case. That charge - 273.5(a) can be either a felony or a misdemeanor. As a felony, it carries up to 3 years in state prison. As a misdemeanor, it carries up to a year in county jail.

He will need an attorney - either one he (or you) hires or he can request the services of the public defender when he goes to court. YOU are also entitled to an attorney under Marsy's law to represent your interests if you so choose.

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Answered on 5/25/11, 2:49 pm


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