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How to defend against a domestic assult charge

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Mentllydmntd

Junior Member
What is the name of your state?California
How can I defend against a domestic assult charge
that was a yelling match, not physical, that got blown
all out of size, by a, at the time, mad girlfriend?
 


Shay-Pari'e

Senior Member
Mentllydmntd said:
What is the name of your state?California
How can I defend against a domestic assult charge
that was a yelling match, not physical, that got blown
all out of size, by a, at the time, mad girlfriend?
The only thing that stands out, is that you were arrested for DV. In the state of CA the district attorneys can charge you whether girlfriend is ok with the abuse and decides to drop it.
 
S

seniorjudge

Guest
Mentllydmntd said:
What is the name of your state?California
How can I defend against a domestic assult charge
that was a yelling match, not physical, that got blown
all out of size, by a, at the time, mad girlfriend?
What statute number were you charged under?

It is on your court papers.
 

rmet4nzkx

Senior Member
Mentllydmntd said:
The charge is a 273.5(a)PC And that carried with it a
$50,000 bail.
Here is the text of the PD cited, are you sure there was no injury? Do you and your girlfriend live together? Have you consulted a criminal defense attorney? Is there a restraining order or TRO, court dates for each?
273.5. (a) Any person who willfully inflicts upon a person who is
his or her spouse, former spouse, cohabitant, former cohabitant, or
the mother or father of his or her child, corporal injury resulting
in a traumatic condition, is guilty of a felony, and upon conviction
thereof shall be punished by imprisonment in the state prison for
two, three, or four years, or in a county jail for not more than one
year, or by a fine of up to six thousand dollars ($6,000) or by both
that fine and imprisonment.
(b) Holding oneself out to be the husband or wife of the person
with whom one is cohabiting is not necessary to constitute
cohabitation as the term is used in this section.
(c) As used in this section, "traumatic condition" means a
condition of the body, such as a wound or external or internal
injury, whether of a minor or serious nature, caused by a physical
force.
(d) For the purpose of this section, a person shall be considered
the father or mother of another person's child if the alleged male
parent is presumed the natural father under Sections 7611 and 7612 of
the Family Code.
(e) (1) Any person convicted of violating this section for acts
occurring within seven years of a previous conviction under
subdivision (a), or subdivision (d) of Section 243, or Section 243.4,
244, 244.5, or 245, shall be punished by imprisonment in a county
jail for not more than one year, or by imprisonment in the state
prison for two, four, or five years, or by both imprisonment and a
fine of up to ten thousand dollars ($10,000).

Depending on your county and your history, you may request a diversion program. You may have other options as well, but you need an attorney.
 

Mentllydmntd

Junior Member
Mentllydmntd

My girlfriend and I do live together, no there isn't a restraining order in effect. No, I haven't consulted
an attorney as of yet. The arrest happened, and I bailed
out less that a week ago. My court date is March 14th.
 

CdwJava

Senior Member
Mentllydmntd said:
The charge is a 273.5(a)PC And that carried with it a
$50,000 bail.
PC 273.5 is a felony. It requires either visible injury or a complaint of pain. Very often it will be dropped to a PC 243(e) (misdemeanor domestic battery) as part of a plea deal.

If you want to fight it, then obtain an attorney. Don't count on the victim's recanting as the DA expects that - 3/4 of DV victims DO change their mind and their story.

- Carl
 

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