Legal Question in Criminal Law in California

She came at me but she's pressing charges...?

A female friend of my boyfriends physically assaulted me late last night after I calmly confronted her about taking some of my clothes without permission. She pulled my hair and had a tight hold onto my left breast when my boyfriend and her friend pulled her off of me. In the scuffle of getting the two of us apart(more her hanging onto my hair) his arm around her upper body then bumping her in the mouth full of braces causing her to bleed. I removed myself from the situation and eventually she did as well but now I have been informed the following morning that she intends on pressing charges on me for assault when I was not the one who started it. Will they come out and arrest me based upon her story as I chose not to press Charges of assault?


Asked on 1/24/03, 1:23 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: She came at me but she's pressing charges...?

Thank you for your inquiry.

If this other party does "press charges", (note that only the prosecutor can press charges, but she can file a police complaint as a victim and start the process from there), and the D.A. decides to file a criminal case, then you must present your defenses through an attorney.

Typically, the police will want to investigate by conducting an interview with you (meaning that they are looking for evidence to prosecute you, so you should not talk without an attorney), and then send it to the DA's office. The DA will, in turn, file charges and advise you of a pending criminal case. If the case is a felony, based upon injuries, the police will ask you to voluntarily surrender, or may arrest you at any time to bring you before a court for purposes of bail and at an arraignment on the charges.

I hope that this answer helped you, but if you have other questions, want more information, or feel you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can, and best of luck.

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Answered on 1/24/03, 6:18 pm


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