Fresno, California - Misdemeanor Battery

[tfmccomas]

What is the name of your state? California

Hello, I got arrested and cited a month ago for Misdemeanor Battery, My citation reads BATT OF NON-C, My kids mother (we have 5 kids) and I were under the influence of alcohol, she got mad at me said she was going to bed, I fell asleep on the couch only to feel someone shaking me awake, I pushed her hand away and got up, and she got pissed off and called the police, they came and arrested me because she said I pushed her, she plays games calling the police all the time when she gets mad and wants me to leave, she told the police she didnt want to press charges but just doesnt want me home for the night, they arrested me and cited me out at the jailhouse, a few nights later she tried to have them take me again, saying I didnt do anything but she just doesnt want me there but she didnt understand that i legally live there so they cant make me leave, she was drunk again and the police said (the same arresting officer from previous incident), if they had to come back and we were drunk again, they would arrest both of us and take my kids... I have to go to court in 2 weeks for the mis. batt charge and I have no lawyer, my question is what will they try give me? Will the DA even pursue it if she doesnt want to press charges???

Thank you for your time, sorry my post was so long, but for a good answer I figured I should include all the details... thanks again in advance.

- Troy

 

[CdwJava]

Hello, I got arrested and cited a month ago for Misdemeanor Battery, My citation reads BATT OF NON-C,

Okaaaay ... and the code section was ... what? PC 242? Or, PC 243(e)(1)? Since you have kids together, I'd assume it was the latter.

she got pissed off and called the police, they came and arrested me because she said I pushed her, she plays games calling the police all the time when she gets mad and wants me to leave, she told the police she didnt want to press charges but just doesnt want me home for the night,

The decision to pursue charges is not up to her. If she wants to use the police to manipulate you, then you need to get out of the relationship - the police are not her personal thugs to enforce her will, they are there to enforce the law and if she articulates a crime, they will act accordingly.

she was drunk again and the police said (the same arresting officer from previous incident), if they had to come back and we were drunk again, they would arrest both of us and take my kids.

I have done that before. And you can pretty much be certain that a CPS referral HAS been made based upon both calls. So, don't be surprised if CPS comes nosing around.

I have to go to court in 2 weeks for the mis. batt charge and I have no lawyer, my question is what will they try give me? Will the DA even pursue it if she doesnt want to press charges???

The DA can pursue it regardless of the victims wishes. Since more than 75% of DV victims recant or refuse to cooperate within 48 hours, this will com as no big surprise to him.

You will likely face probation, required anger management classes, and a few fines. Oh, and alcohol counseling for both of you might also be in order.


- Carl

 

[outonbail]

Two unmarried drunks, bring five children into this world and can't find anything better to do with their time and mom's monthly check, besides fight over who drank the last beer,,,,

I swear, there's a fortune to be made by the first person who can develop a chemical additive for alcoholic beverages, that will render the consumer sterile during the entire time the alcohol remains in their system!

I just need some investors!!!