Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 23
  1. #1
    Join Date
    Oct 2010
    Posts
    3

    Default Accused of Domestic Violence, First Time Offender

    My question involves criminal law for the state of: California

    I don't really know how to start this, but I'll do my best.

    <what happened>
    Basically, My Fiance and I were involved in a bit of a scuffle yesterday. I had found out some things about her from a friend that had really affected the way I felt about her and following later that night she was drunk and under the influence of marijuana (so, more uninhibited, I guess) and she had said some things along the lines of she thought the relationship was over. She didn't really have much to say about it beyond that, but it bugged me the whole night. I asked her about it the next morning and she basically brushed off my question telling me I was stupid and she was just going to stay with her grandma. I walked away for a second, but after having dealt with this mostly for a few months (being left in the dark about the status of our relationship, knowing she had lied about some major stuff in the past and known she was talking/flirting with other guys on the side) I just felt I couldn't let it go. I went up to her and told her that I had to know, it was important, I had to know how she felt about the relationship. She again restated I was stupid and that I just had to go away. Being already emotional and needing some sort of closure, I pinned her against the wall, my forearm against her chest (I understand that this constitutes Domestic Battery?...Also, yes, in retrospect, I do understand that this was the moment I should of just walked away and moved on, before it got to this). I told her, I just needed an answer and that I wanted to know how it was so easy to throw me away. Without knowing what was going inside her head, I can only assume she felt cornered and threatened and broke down in tears. I immediately let go, realizing what I had done and just backed off. I grabbed the phone and told her she needed to call her grandma and get picked up, I was afraid of it going any further. She refused to take the phone and ran out into the bedroom, but her grandmother called at that instant (she was watching her son at that time) and she answered calling about how I had hit her and needed to be picked up and then hung up. I walked out and there were further verbal barbs that escalated in me saying "it's your fault it got here" (I was referring to the relationship and her lying, deceit and refusal to open up and the relationship hitting this point; however I can see how she misconstrued that to mean the physicality) and she yelled back "how dare you?" and ran at me with her shoe, hitting me in the back and the back of my head, then dropped the shoe and proceeded to hit me in the face 5-6 times, closed fist. I then restrained her and while I held her (hoping she would calm down) she started threatening my life, telling me her uncles would kill me and that I was a nothing, etc. I then felt she had calmed down and let her go, but she immediately went back to hitting me (closed fist again) 4 or 5 times in the face and chest. This is where I had made the mistake. Having been beat on by her twice in previous altercations (I never reciprocated, but never reported either), I just felt emotionally drained and angry so I hit her back, once in the face, maybe two or three times in the chest. After this, she threatened to break my stuff (my computer monitors and a few other things), so I restrained her once more and told her I wasn't going to fight anymore and to leave and wait on the patio or something. She went to the roommates room who interjected until I left. She had told him she didn't plan on calling the police and I had no plans to, so I left. However, her mother called the police as soon as she heard, so they arrived after I left (though, I made it clear to the roommate once he let me know they were there, that I would return if the police needed me and he made sure that they included that in their notes). They took her statement, the roommates statement and then left while she and her family moved her stuff out. They called me 20 minutes later at work to take my version of the altercation (though, I fear I was a bit too vague).
    </what happened>

    <where i am at>
    * there were no witnesses, the entire altercation occurred in the room between me and her. the roommate was brought in at the end of the altercation.
    * according to the police on the phone, if I do get convicted, it's a felony. To my understanding, these cases can be felony or misdemeanor, so I'm inclined to believe they're already siding with her.
    * we both left with bruises, I had scratches and bruises on my face, which I took pictures of and she had a black eye
    * I don't have much money and fear I won't be able to get a lawyer and will be stuck with a public defender
    * based on the limited information i can find...the vast majority of these cases (first time or not) end in jail time, correct me if I'm wrong please?
    * i am receiving threats indirectly (facebook, the cellphone she used to use [i paid for it and it was on my phone plan, so she left it behind, though she took the memory card, since it had her pictures and video on it], statements made to my roommate when they arrived, etc)
    * according to a mutual friend (who I immediately told not to carry any messages back between me and her due to the emergency restraining order), she doesn't seem like she wants to testify or push it, but her family are pushing her to do so which i already assumed based on experience with them, so it's likely they will try their hardest to get me convicted.
    </where i am at>

    <questions>
    * first, when the meeting/case/etc is handled by the DA, will there be a chance to go over the sequence of events again just to make sure everything is clear or with they go solely off of the police reports?
    * what's the likelyhood of prison/jail in this case, based on these facts and the fact that there's no previous history or any previous criminal offenses (i understand i did wrong and am remorseful and will take a punishment, but i want to avoid jail at all costs since my understanding is felony = 1yr+ and the last thing I want is my life ruined at 22 )?
    * is it likely that i will bear the brunt of this and that it will be me defending myself (plaintiff/defendant) only or is this more of a two-sided issue where the judge rules judgement on both sides?
    * i want to get enrolled in anger management, since i do feel this was an issue that went out of hand. should i do that, or will that be detrimental during the case?
    * what advice can you guys offer to help me with the situation?
    </questions>

    If I have any further information/questions, I'll get back to you and thanks in advance.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,113

    Default Re: Accused of Domestic Violence, First Time Offender

    first, when the meeting/case/etc is handled by the DA, will there be a chance to go over the sequence of events again just to make sure everything is clear or with they go solely off of the police reports?
    The "sequence of events" ceased to matter when you laid hands on her. You need an attorney, and you need one now.


    I don't have much money and fear I won't be able to get a lawyer and will be stuck with a public defender
    A public defender IS a lawyer. S/he's gone to undergrad, gone to law school, sat for and passed the bar and obtained licensure just like every other attorney. The difference is that s/he has decided to accept a pittance for pay to help out snotty yahoos crying about being "stuck" with his or her services. Be grateful for the existence of PDs, because it looks like that's all that stands between you and the Graybar Hotel.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  3. #3
    Join Date
    Nov 2007
    Posts
    1,301

    Default Re: Accused of Domestic Violence, First Time Offender

    It's probably best to that you didn't say anything,for here on out just avoid contact w. her and follow the Pd advice.

  4. #4
    Join Date
    Oct 2010
    Posts
    3

    Default Re: Accused of Domestic Violence, First Time Offender

    Quote Quoting LawResearcherMissy
    View Post
    The "sequence of events" ceased to matter when you laid hands on her. You need an attorney, and you need one now.
    I understand, I'm going to go ahead and call a few private attorneys today and, if they're still above what I can pay, see if I can get in touch with a public defender.

    Quote Quoting LawResearcherMissy
    View Post
    A public defender IS a lawyer. S/he's gone to undergrad, gone to law school, sat for and passed the bar and obtained licensure just like every other attorney. The difference is that s/he has decided to accept a pittance for pay to help out snotty yahoos crying about being "stuck" with his or her services. Be grateful for the existence of PDs, because it looks like that's all that stands between you and the Graybar Hotel.
    I apologize if this was offensive, it definitely wasn't meant to be, sorry.

    Quote Quoting tc498
    View Post
    It's probably best to that you didn't say anything,for here on out just avoid contact w. her and follow the Pd advice.
    I understand, her and I have not been in contact and the only real "contact" there has been have been the indirect threats, as mentioned above.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,210

    Default Re: Accused of Domestic Violence, First Time Offender

    Quote Quoting jeffreym
    View Post
    * first, when the meeting/case/etc is handled by the DA, will there be a chance to go over the sequence of events again just to make sure everything is clear or with they go solely off of the police reports?
    Your attorney can talk to the DA if there is a problem. At the first hearing they are not going to go over the case with a fine tooth comb.

    * what's the likelyhood of prison/jail in this case, based on these facts and the fact that there's no previous history or any previous criminal offenses (i understand i did wrong and am remorseful and will take a punishment, but i want to avoid jail at all costs since my understanding is felony = 1yr+ and the last thing I want is my life ruined at 22 )?
    That depends on what you are charged with. What code section(s) have you been charged with violating? I imagine PC 273.5 is one of them. If so, prison is possible but not likely. Probation, counseling and diversion are often possible in these cases.

    * is it likely that i will bear the brunt of this and that it will be me defending myself (plaintiff/defendant) only or is this more of a two-sided issue where the judge rules judgement on both sides?
    If you are charged with a crime YOU will be the defendant. The judge will not accuse or charge the other party with a crime if the other party has not been charged by the DA. But that would be a separate trial and not be directly related to your matter.

    * i want to get enrolled in anger management, since i do feel this was an issue that went out of hand. should i do that, or will that be detrimental during the case?
    It couldn't hurt. But you might want to run it by your attorney first. If convicted, you will likely have to do this anyway, so you might want to make sure you get into a program that the court will recognize.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  6. #6
    Join Date
    Oct 2010
    Posts
    3

    Default Re: Accused of Domestic Violence, First Time Offender

    Quote Quoting cdwjava
    View Post
    Your attorney can talk to the DA if there is a problem. At the first hearing they are not going to go over the case with a fine tooth comb.
    I called the public defender's office and they stated that I wouldn't be able to receive one/find out if I qualify until I've been arraigned. However, if I understand correctly, I HAVEN'T been charged yet and the Police + DA are deciding who and what charges to file, though I may be wrong. All the police told me was that it was in the DA's hands and I have to wait to hear back from them.

    Quote Quoting cdwjava
    View Post
    That depends on what you are charged with. What code section(s) have you been charged with violating? I imagine PC 273.5 is one of them. If so, prison is possible but not likely. Probation, counseling and diversion are often possible in these cases.
    I believe that this is the only charge, yes (however, as I mentioned, I'm not SURE I've actually been charged yet). Is diversion something I should try pushing for (since, as I understand it, this mostly seals the offense except for immigration purposes and other special circumstances)? Also, I assume I'll need my attorney to arrange any plea bargains involving diversion/counselling/etc?

    Quote Quoting cdwjava
    View Post
    If you are charged with a crime YOU will be the defendant. The judge will not accuse or charge the other party with a crime if the other party has not been charged by the DA. But that would be a separate trial and not be directly related to your matter.
    Understood, thanks. I just want to be prepared for the environment.

    Quote Quoting cdwjava
    View Post
    It couldn't hurt. But you might want to run it by your attorney first. If convicted, you will likely have to do this anyway, so you might want to make sure you get into a program that the court will recognize.
    Understood. I'll wait until I can get a PD to run this by.

    I really appreciate the help, cdwjava. This is the first time I've been in any trouble with the law, so I'm very much out of my element.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,210

    Default Re: Accused of Domestic Violence, First Time Offender

    Quote Quoting jeffreym
    View Post
    I called the public defender's office and they stated that I wouldn't be able to receive one/find out if I qualify until I've been arraigned. However, if I understand correctly, I HAVEN'T been charged yet and the Police + DA are deciding who and what charges to file, though I may be wrong. All the police told me was that it was in the DA's hands and I have to wait to hear back from them.
    If you have not yet been arraigned, then you have time. The DA may choose not to file ... maybe. But, if she has visible injuries, charges are almost certainly forthcoming.

    I believe that this is the only charge, yes (however, as I mentioned, I'm not SURE I've actually been charged yet). Is diversion something I should try pushing for (since, as I understand it, this mostly seals the offense except for immigration purposes and other special circumstances)? Also, I assume I'll need my attorney to arrange any plea bargains involving diversion/counselling/etc?
    If charged, your attorney will know whether any form of deferral or diversion possible where you are. It won't "seal" the offense, but depending on the program it may result in a lesser offense being charged, or, in the matter being dismissed upon successful completion of the program.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  8. #8
    Join Date
    Oct 2010
    Posts
    8

    Default Re: Accused of Domestic Violence, First Time Offender

    Quote Quoting LawResearcherMissy
    View Post
    The "sequence of events" ceased to matter when you laid hands on her. You need an attorney, and you need one now.




    A public defender IS a lawyer. S/he's gone to undergrad, gone to law school, sat for and passed the bar and obtained licensure just like every other attorney. The difference is that s/he has decided to accept a pittance for pay to help out snotty yahoos crying about being "stuck" with his or her services. Be grateful for the existence of PDs, because it looks like that's all that stands between you and the Graybar Hotel.


    However, having seen it first hand, a Public Defender doesn't always try to win a case. I've seen it happen, regardless of what you may say. And after appealing a ruling and hiring a REAL attorney, the attorney wondered why the PD hadn't done certain things that would have very likely caused the trial to not happen the way it did.

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,547

    Default Re: Accused of Domestic Violence, First Time Offender

    Quote Quoting LyraD
    View Post
    However, having seen it first hand, a Public Defender doesn't always try to win a case. I've seen it happen, regardless of what you may say. And after appealing a ruling and hiring a REAL attorney, the attorney wondered why the PD hadn't done certain things that would have very likely caused the trial to not happen the way it did.


    A PD IS a real attorney.

    Period.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  10. #10
    Join Date
    Oct 2010
    Posts
    8

    Default Re: Accused of Domestic Violence, First Time Offender

    Quote Quoting Dogmatique
    View Post
    A PD IS a real attorney.

    Period.
    And Randy Moss is a real football player, but it doesn't mean he always goes out and gives it his best. Some sports players give a half-hearted attempt in some games. Some PD's don't always try their best to represent their clients. Nothing you can say will change my view on that, or my experiences.

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Domestic Violence: First Time Domestic Violence Offender in Alabama
    By Worried254 in forum Criminal Charges
    Replies: 2
    Last Post: 07-24-2008, 05:40 PM
  2. Sentencing: Sentencing For First Time Domestic Violence Offender
    By strawberry6 in forum Criminal Procedure
    Replies: 3
    Last Post: 05-20-2008, 08:36 AM
  3. Assault & Battery: Wrongfully Accused Of Domestic Violence
    By AHilton in forum Criminal Charges
    Replies: 3
    Last Post: 05-20-2007, 12:33 PM
  4. Domestic Violence: Can a first-time domestic violence offender serve jail time?
    By romelo in forum Criminal Charges
    Replies: 1
    Last Post: 03-30-2006, 05:49 AM
  5. Assault & Battery: Help Getting a Repeat Domestic Violence Offender Convicted
    By HeatherColorado in forum Criminal Charges
    Replies: 1
    Last Post: 06-22-2005, 09:40 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document