Vandalism and Domestic Violence

[Vr825]

My question involves criminal law for the state of: California

So i was drinking we got home and were arguing outside i cracked the windshield and broke a bottle. Tjey arrestedme for vandalism but when it came to court was in the domestic violence. My public defender recomened i pleax not guilty cause the deal was way to much for the charge. I did not hit the bf . Also i was reading the police report and the police said they came into my house and arrested me in the living room on the couch. There is no living room or any type of couch in my apt.. I was sitting on the floor in bedroom. Is this considered false police report? The let me out on OR my public defender says she wants to get charges drop. Did i make a mistake in pleading not guilty and not taking the deal? Will there be another deal? And can the no contact order be removed? Need advice..sorry for the bad grammer not used to typing on phone.

[quirkyquark]

WHAT was the "deal"? WHAT are the charges?

[Vr825]

WHAT was the "deal"? WHAT are the charges?

If i remember.correct 5 years summary probation, 785 fine, 15 days com serv , classes and 3 years no contact. The charge is vandalism 400 or less i guess imin the domestic viloence court cause was my bfs car? Confuses me

[cdwjava]

What is the charge you face? Do you ONLY face PC 594(b)(2)? Or is there more?

You might get another plea offer from the DA, or you might not. You might have to go to trial. If you are convicted at trial (and unless you can cast doubt that it was you who broke the windshield) you face up to 6 months in county jail, a fine of up to $1,000 (plus fees and some court costs - could be more than double that), a few years of probation, counseling and the no contact order.

The error in the police report will do little more than allow your attorney to bring into question the officer's recollection of events if this goes to trial.

[Vr825]

The only charge im aware of is the vandalism less then 400. Only paperwork i was given was no contact order. The public defender told me she wanted to argue that i didt break the window intentipnaly. I told the police i did break the window but it was a accident i had been drinking and arguing and i talk moving my hands alot. I slammed my hand on the dash and when i lifted them up it hit the winshield cracking it. was it bad advicee to not take deal?

[cdwjava]

You are going to argue that you hit the dashboard and then raising your fists off the dashboard, you broke the windshield? Realy?

Sorry, but I don't think that argument will cut it. And per statute your voluntary alcohol impairment is NOT a defense to the intent necessary to commit the crime.

And convincing a court or jury that breaking the window was a complete accident is POSSIBLE, but probably not likely.

I'd say the deal was decent, but not great. But, understand that the DA does not even have to offer a plea.

[Vr825]

Wow she seemed so sure.... They gave me 2 court dates. Now im praying for another plea

[cdwjava]

Wow she seemed so sure.... They gave me 2 court dates. Now im praying for another plea

Well, she may know something about the details that we don't. So do not discount her thoughts because I say so, I just find it unusually optimistic. But, I do not know the facts.