Drunk In Public & Battery

[nvr2ez021]

What is the name of your state? CA

i have a question and im sorry if this isnt asked in the correct thread but i'm not sure where to ask and i need some help.

Yesterday i got a letter in the mail stating on April 26th, 2007, a complaint was filed against me for violation of sections PC 647 (F) and PC 242/F1.....i looked this up because i had no clue what it was and i found out it was for drunk in public as well as for battery.

In march, me, my wife and a couple friends decided we were all going to go out to the bar. Well i got drunk before i even left the house and i must have mixed the wrong drinks because i was told i didnt drink much for some reason i didn't even remember leaving the house. I was told that while inside the bar me and my wifes friend were talking and joking and out of nowhere she pushed me in the face then i hit her in the stomach. ( i dont recall either getting touched in the face or even hitting or let alone i dont remember being in the bar in the first place) After hitting her in the stomach i was told we were both were yelling and i got escorted out the bar where then there was a mob of guys trying to fight me because i hit a girl (which i dont blame because i sure in hell dont condone it) after 15 minutes of arguing with everyone i was told i then left. (i live about 15 minutes from the bar if driving, how i got home i have no clue). The next day a police officer comes to the house and asked me what happened and i tell him i have no clue i dont even remember leaving the house...he then asked my wife questions and left. I've heard nothing else about it til yesterday when i got mail about it. The only other time i've been in trouble with the law was in 06 and they put me in jail for a couple hours because of an unpaid parking ticket in 05 and it turned into a warrant, i had a court date but never got the notice and wasn't able to make it because i ended up getting deployed to iraq ( Still no excuse)**************

My questions are:

1.) should i get a lawyer or should i fight it myself?
2.) since no cops came to the bar that night and she didnt report it til the next morning can they still get me on drunk in public and battery if there was no witnesses and its her word against mine?
3.) what type of sentence am i looking at if they do find me guilty
4.) is this going to be considered a felony or a misdemeanor?

Thank you all very much for your help, your expertise is appreciated!

[FlyingRon]

Originally Posted by nvr2ez021

1.) should i get a lawyer or should i fight it myself?

You need a lawyer.
California takes domestic battery pretty seriously.

2.) since no cops came to the bar that night and she didnt report it til the next morning can they still get me on drunk in public and battery if there was no witnesses and its her word against mine?

There seem to have been plenty of witnesses. Employees at the bar who through you out, and all the guys who wanted to fight you because you beat up the poor girl. The cops don't have to witness it themselves.

3.) what type of sentence am i looking at if they do find me guilty

45 days for the drunk in public, a year for the simple battery, up to four years if the person was injured. Plus big fines. Plus they will require you to go through a batterers treatment program.

4.) is this going to be considered a felony or a misdemeanor?

The disorderly conduct (drunk in public) is a misdemeanor. The battery is a misdemeanor except if you injured (no matter how minor) the woman, then it is a felony.

[garrula lingua]

previously posted:

45 days for the drunk in public, a year for the simple battery, up to four years if the person was injured. Plus big fines. Plus they will require you to go through a batterers treatment program.

Quote:
4.) is this going to be considered a felony or a misdemeanor?

The disorderly conduct (drunk in public) is a misdemeanor. The battery is a misdemeanor except if you injured (no matter how minor) the woman, then it is a felony.

This is wrong.

647f is a nothing charge. The norm is credit time served. Some jurisdictions require an alcohol program. The maximum is 6 months; defendants usually aren't given jail time.
It is unusual to charge this after the fact. It's usually a pick-up and hold for up to 72 hours (to sober up) charge.

The battery charge, PC 242 carries a maximum of six months county jail.

Apparently, there were witnesses. They didn't charge you until they lined up the wits.

The norm for a 242 is 36 months unsupervised probation, an anger management class, possibly some community service and sometimes about 30 days county jail. The defendant is usually ordered to pay restitution to the victim for any medical expenses and loss of wages. The Prosecutor will probably drop the 647f and just include an alcohol class on the 242 sentence.

You need an attorney.