Legal Question in Family Law in California
Ok here is my case....... I argued with my girlfriend after she tought I was looking at some other girl. She went home and locked the door I knocked and asked her to please let me in so we can talk. She went into the bedroom and we were talking and then started arguing. When she gets mad she usually wants to get out of the house and drive away. Last time when we argued while driving away she almost hit a wall when backing up. So when we had this argument I did not want to let her into the living room knowing that she will just leave. I reapeted over and over to calm herself before leaving that we needed to talk. As she tried to reach for the keys I took them away and as she tried to get them out of me and out of the house we were pushing each other and I left some red marks by her throat as I had my hand on her chest to stop her she moved and thats how I marked her throat. She then called the police and she told them she just wanted to make a report and calm each other before something worst happens. She told the officers that I hit her but did not mention anything about me trying to stop her from leaving and posibbly get on a accident. The police just asked her a few questions they did not asked if I should be put to jail and they just took me. She says that was not her intention to send me to jail that is why she told the operator she just wanted a report so we can calm down and dont fight any longer. I was at jail for one day and I was bailed the next day (today) and now I want to know what can happen to me. I have a clean record and no previous charges. She says the officers did not really cared of what she had to say and just asked her if there was contact and with that said they took me to jail. Is there any way she can add to the report or tell the judge she did not want me to be sent to jail and that the reason that there was contact was because in some way I was actually protecting her. She is aware of this and she is willing to clarify everything. I have court for july 14, 2010. What should be my defence. Is there anyway she can go with me and together explaion how things got out of control and what was the reality. What can be the most possible sentence? I have court here in california. Any advice? Will I go to jail? please someone help. I am really concerned. CAn she add something to the police report?
3 Answers from Attorneys
You potentially could be in deep trouble. You need to see an attorney who handles domestic violence case. The police assume, as normally happens, that the victim does not want anything to happen to her husband/boyfriend, so they are not going to believe her retractions. Would you believe that anyone who called the Police just wanted a report made and that somehow would calm everyone down? They assume you hit or tried to squezze her neck.
It is worth spending a few thousand dollars to avoid the possible consequences.
Nothing says I love you like choking a person to keep them from leaving. What a Hallmark moment! You need to get an attorney like Mr. Shers points out. You are probably facing a charge of violating Penal Code section 273.5, which can be charged as either a felony or a misdemeanor. Those cases don't go away on their own. If you cannot afford an attorney, you need to ask the court to appoint a public defender at your arraignment.
I agree completely with the previous answers. I just want to add that once there is a report of physical contact and there are visible marks on the victim, arrest is mandatory. That is why the police ignored her statements that she did not want you arrested. You need to hire a criminal defense attorney.
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