[danieldorsey]

I was arrested and charged with 243(E)(1)/PC/M in CA. I was arraigned and pled not guilty. My girlfriend has since dropped the charges and admits that she lied on the police report. There were injuries sustained by her but they were due to her kicking my car and falling and cutting her hand on some glass. My question is can the DA still prosecute me if she has dropped this particular charge, and refuses to testify in court? If he can then can i get a trial by jury?

[Litigator]

A prosecutor may pursue a criminal charge even where the victim does not want the charge to be pursued. Technically speaking, only the prosecutor can decide whether or not the charge should be pursued, not the victim. Having said that, if a victim does not want a charge pursued this will often make the case difficult to prosecute and the prosecutor may take that and other factors into account and decide not to pursue the charge, especially if he feels as though he will not be able to prove his case. Anytime a victim makes contradictory statements this ordinarily makes it very difficult to prosecute the case for the victim can be impeached. And whether the prosecutor will continue to pursue a charge against the victim's wishes often depends on what evidence of domestic abuse, if any, he has outside the victim's testimony.

In my experience, if the victim does not want the charge pursued (unless truly severe injuries occurred) the prosecutor will either drop the charge or agree to some disposition which has that practical effect.

My sense is that ultimately you could receive a jury trial on the charge although you may have to go through a lower court and appeal it if convicted to a court where juries are utlized in your State.

[cdwjava]

I was arrested and charged with 243(E)(1)/PC/M in CA.

This is misdemeanor domestic battery.

I was arraigned and pled not guilty. My girlfriend has since dropped the charges and admits that she lied on the police report.

She cannot drop charges - SHE has no say in that. The DA decides if charges are pursued, and the DA expects the victim to recant or change her story ... more than 75% of victims do just that. It's part of the pathology of abused partners.

There were injuries sustained by her but they were due to her kicking my car and falling and cutting her hand on some glass.

Apparently the cops and the DA believed that was the case or you could have been charged with a felony - PC 273.5.

My question is can the DA still prosecute me if she has dropped this particular charge, and refuses to testify in court? If he can then can i get a trial by jury?

Yes, the DA can still prosecute.

No, she cannot refuse to testify. If she is subject to a subpoena she can go to jail if she refuses to testify.

Yes, you WILL have a jury trial unless you request a court trial.

- Carl

[danieldorsey]

thanx for all the info... i found out since then that she can not drop the charges... the DA offered me a plea bargain of 160 days in jail and, she said the DA told her since my offer that they would offer me a plea with no jail time in court on tuesday... what is the typical plea bargain for a first offense of this nature... i did have a violent crime conviction 10 years ago, but it was a robbery, since then i have nothing on my record, can they use that crime ten years ago against me?

[cdwjava]

Your prior should not have any direct bearing here, but it might make the DA less likely to plead to no time.

What a typical plea might be depends on the local court. What might be typical in your court might not be in mine.

A typical plea for a first offense might generally include counseling, probation, fines, and restitution.

- Carl