Legal Question in Criminal Law in California

I recently received a letter from the D.A. in california a complaint has been filed against you alleging the following crime(s):

pc 273.5(a)/f1 and pc 17(b)(4)--corporal injury to spouse/cohabitant/child's parent.

my question is can i be charged with the whole spouse/cohabitant/child's parent thing if we are not and have never been married, do not and have never lived together, and do not have any kids together? also if it hepls she didnt call the police or press charges and didnt even say i did anything. a neighbor at a friends house seen me push her down but not what she did to me. the police took photos of my face however i didnt want to say she did it and this happened strictly on the neighbors call. also i wasnt arrested at the time and was let go.. thank you


Asked on 2/02/11, 9:12 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

She obviously claimed spousal status in order to file, regardless of your opinion about the status. You get to defend it now.

The ONLY specific advice you should expect to get from here or elsewhere is to exercise your 5th Amendment rights to SHUT UP, and hire an attorney to speak for you. You face charges that could put in jail/prison, and most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative'. There is no magic wand to make this go away. Prosecutors don't take the time to research, prepare and file charges just to �drop� them. Unless you know how to effectively represent yourself in court, hire an attorney who does. If this is in SoCAL, and you�re serious about hiring counsel, feel free to contact me.

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Answered on 2/08/11, 5:12 pm


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