Legal Question in Criminal Law in California

My questions is: I was arrested for 243e battery on my boyfriend. We were drinking and were drunk. We got into a arguement and it turned physical. I slapted him and he did me. But, we were really drunk and he got mad and called the police and i got arrested.

Now I have this charge. I have never been in trouble in my life! I am a 10 year army veteran and a nurse and in school full time. I am a decent honest person that is not violent nor dangerous. This was a isolate outburst that has never happened before.

We do not act like that or do things like that. I am in CA.

The DA is saying that I would have to go to jail for 5 days and go to domestic violence classes for a year! I just do not want jail time!! I am not a dangerous person, and my boyfriend did not press charges and is not going to go against me, because we love each other and we both were wrong in this situation.

Why cant I get a reduced charge?? to like a plan battery and no jail time?? I am so upset and I do not know what to do. I am 31 years old and have never done anything else bad in my life, beside a speeding ticket.


Asked on 10/13/09, 12:10 am

1 Answer from Attorneys

Brian Dinday Law Offices of Brian R. Dinday

Never mind a reduced charge. You should go for a complete dismissal. Prosecutors talk tough, but the prosecution is not in a good position here and you should fight this. Once you get a dismissal, you should go for a finding of factual innocence, so that even your arrest record is sealed and then destroyed.

The nursing board is particularly hard on arrest records for violence, and it could affect your life in many ways, including eligibility for being a girl scouts den mother, bonding, credit apps, insurance premium rates, promotion, new jobs, etc.

Do NOT just deal this out for the quicket deal that keeps you out of jail. Jail is not nearly as bad as the effect this case will have on your life. Fight it like your entire future depends on it, because it does. Do NOT plead to anything. Get a private lawyer and have him or her fight to get a dismissal. With a cooperative "victim" it should be doable.

You are too far away for me to help you, but please read my articles on my website at :

http://lawyer-domestic-violence.com

amd then search for a nearby lawyer to prevent any conviction. I have found that when the "victim" signs a sworn declaration stating that the defendant didn't commit the crime, and it is delivered to the D.A., they are less anxious to try the case (because they hate to lose). Remember: you only need ONE juror to refuse to vote guilty and the prosecutor needs ALL TWELVE. Don't you think you will find ONE juror (likely a woman) who will refuse to convict you of "brutalizing your boyfriend". I mean really, the charge IS ridiculous, isn't it.

You must decide to win this case at all costs and you probably will. In my view you have the much stronger case than the D.A. Your BF does not need to worry about being prosecuted for not testifying against you, and defending you at trial. Let them try to paint him as an "abused lover" and that is he brow beaten into defending you. The jury will laugh at the prosecutor..

Personally, I am tired of prosecutors trying to saddle law abiding, decent people with criminal records just to keep their stats up. Interview as many lawyers as you need, to find one who is motivated to fight this case to the end, instead of just looking to plead you out early on. I wish I could handle this for you, because this case is a joke. They want to ruin you career over a stupid slap? Absurd. You may not have much money, but you cannot afford NOT to fight this.

Good luck.

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Answered on 10/13/09, 12:49 am


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