Legal Question in Criminal Law in California

I have a question regarding Domestic Violence. I'm being charged with PC 273.5 (A) 1 F Inflict corporal injury on spouse/ cohabitant, PC 236 1 F False imprisonment by violence, PC 422 1 F Threats of violence, PC 592.5 1 M. The situation was that we were arguing about familyand it escalated from there. I tried to leave the room and she started by her scratching my arms to try to grab my wrists. I wailed my arms to get her off me and I hit her on the cheek it was a reaction but not intended. She was shocked when i hit her and just snapped. She reached under my shirt and scratched my chest. I finally got her off me and told her to come with me to the kitchen and that she could call the cops if she wanted to. As we were leaving the room she ran to the bathroom and locked herself in there and called the cops. The cops came and they arrested me. She is 6 months pregnant and we love each other. I really want to be there when our baby is born. I'm willing to do whatever it takes so that I can be there for them. It was all a misunderstanding. Ive been talking to her dad and he says that she added the other two charges because she was furious and thought she wasnt going to get back with me. So the other charges arent true. She also says she wasnt all there and the cops kept pressuring her to say something. She says she felt like she had to. She now says that she wants to drop the charges and move on with her life.I dont want her to get in trouble. My question is can she appear in court on my court date and speak to the judge about dropping the charges? Will the D.A. still pursue the case after doing so? Im thinking of pleading not guily because of the fact that the charges I'm being charged with are false. The thing is will the D.A. still go after me for accidently hitting her? I heard from her dad that supposeably the D. A. told my wife that they were only going to charge me with the domestic violence charge and the imprisonment charge and that they would be misdeameanors? Is that possible? I would face no jail time and have to take classes for sure. How am i suppose to plead guilty to that if I'm not...


Asked on 9/27/10, 12:52 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Of course you are going to plead not guilty, are you nuts? You need to leave this woman and never contact her again. She called the police on you, and she'll do it again, and next time you won't get out. You need to hire a good criminal defense attorney in your locality, not the public defender, and fight the charges like hell. Or you'll never be allowed near your child, and you might not everbe able to work again..

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Answered on 10/02/10, 12:59 pm


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