[truly.innocent]

I'll be brief.

Girlfriend got drunk, fell down and cracked her head open.

I got angry with her; loud argument; destroyed personal property.

Neighbor called police because of noise; broke into residence; Tazzered & arrested.

I'm being charged with felony DV and misd resisting arrest.

I have counsel and am awaiting my preliminary hearing.

I didn't lay a finger on her.

What can I expect in CA?

[aardvarc]

Depends. Have their been other charges before this?

[truly.innocent]

There was an incident about a year and half ago, where the police were called. No physical contact, just shouting.

Despite protests, was told "one of you has to go to jail." Arrested - never any charges filed.

[cdwjava]

I'll be brief.

Girlfriend got drunk, fell down and cracked her head open.

I got angry with her; loud argument; destroyed personal property.

Neighbor called police because of noise; broke into residence; Tazzered & arrested.

I'm being charged with felony DV and misd resisting arrest.

I have counsel and am awaiting my preliminary hearing.

I didn't lay a finger on her.

What can I expect in CA?

You can expect a preliminary hearing and then a trial if no plea agreement is reached. You will likely be offered a misd. plea in exchange for counseling and probation, and it is possible that a criminal protective order will be put in place preventing any further violent contact with the victim.

What does your attorney say about your situation?

- Carl

[truly.innocent]

My attorney doesn't believe there is enough substansial evidence to warrant a case.

We also have a hospital report from years ago, before my girlfriend and I were involved, where she got drunk, fell and cracked her head open much in the same way.

The DA is pressing because witnesses heard screaming coming from our residence.

There is already a protective order in place, which the judge modified, to allow me to move back in with my girlfriend.

I am committed to proving my innocence, but if this thing goes to trial its going to cost me a small fortune.

Realistically, what are my chances of winning a jury trial, and if it does go to trial does it then become a situation of all or nothing? By that I mean am I either innocent or punishable to the full extent of the law? They're threatening me with state prison time... sheesh.

[aaron]

Is your girlfriend going to testify that you caused her injury?

[cdwjava]

My attorney doesn't believe there is enough substansial evidence to warrant a case.

Of course he says that - he is your attorney. It might be true ... or, he might just be giving your case a positive spin.

I hate to say it, but given your apparent demeanor when the police contacted you, it's very likely you are going to look bad here.

We also have a hospital report from years ago, before my girlfriend and I were involved, where she got drunk, fell and cracked her head open much in the same way.

Which will mean absolutely nothing unless she testifies that she has never done that before. However, the prosecution could always claim that she lied to the docs about THAT hospital visit in order to protect you.

The DA is pressing because witnesses heard screaming coming from our residence.

As he should.

There is already a protective order in place, which the judge modified, to allow me to move back in with my girlfriend.

So, this conflict likely violated the peaceful contact CPO?

We call all this a clue ... protective orders, ongoing violence or anger in the relationship, abuse of alcohol, anger management problems ... time for the two of you to go your own ways before one of you gets hurt worse and the other goes to prison.

Realistically, what are my chances of winning a jury trial, and if it does go to trial does it then become a situation of all or nothing? By that I mean am I either innocent or punishable to the full extent of the law? They're threatening me with state prison time... sheesh.

No one can say what your chances are as no one here knows the state's case against you. Did you state things to the officers which can be used against you? Is she going to testify against you at trial? What did the neighbors here? What did the scene look like? What are the doctors going to say about the source of her injuries?

There are too many possibilities to go into, but on the face of it the potential for the state to have a strong case is good.

- Carl

[truly.innocent]

Let's back up.

My girlfriend is NOT going to testify that I caused her injury. She injured herself when she fell. She stated as much in her hospital intake report.

The protective order was issued at my first court appearance. I obeyed that order and refrained from any contact with her until my attorney had it modified to non-violent contact. She spoke before the court and the judge on my behalf.

She also helped me obtain her medical records from her previous incident.

She also arranged my bail and has appeared with me at every court appearance.

I've seen the evidence and I've read the police reports and there are inconsistencies with both. So no, I don't think my attorney is giving my case a "positive spin."

[cdwjava]

My girlfriend is NOT going to testify that I caused her injury. She injured herself when she fell. She stated as much in her hospital intake report.

This is common in abuse cases. The most serious DV cases I have investigated have involved false initial statements to medical personnel. It's part of the pathology of abuse. So, it is no surprise that the police and the DA hold this statement to be suspect.

The protective order was issued at my first court appearance. I obeyed that order and refrained from any contact with her until my attorney had it modified to non-violent contact. She spoke before the court and the judge on my behalf.

And the order states that there shall be no harassment or physical assault, etc. The fact that there appears to have been a lot of yelling and tossing of stuff around the house could be enough to violate that order. Maybe.

She also helped me obtain her medical records from her previous incident.

She also arranged my bail and has appeared with me at every court appearance.

All of which are part of the pathology of an abused victim.

In more than 75% of abuse cases, the victim will recant within 48 hours ... about 85% by the time the first court date comes up. And many of those will be willing to perjure themselves or confess to making a false report to the police in order to protect the abuser (i.e. they will risk jail for a person who would not do the same for them).

Again, nothing you have said here is going to be conclusive proof of innocence to the prosecution.

I've seen the evidence and I've read the police reports and there are inconsistencies with both. So no, I don't think my attorney is giving my case a "positive spin."

Well, you'll see at trial. Maybe the case is weak ... maybe not.

If there are children involved, expect a visit from CPS. Because if you two are involved in violent arguments and drunken fits, then children on the scene may not be seen as a good idea.

- Carl

[truly.innocent]

And the order states that there shall be no harassment or physical assault, etc. The fact that there appears to have been a lot of yelling and tossing of stuff around the house could be enough to violate that order. Maybe.

I want to be clear about this: there wasn't an order in place when the incident occurred. It was issued afterwards...

Again, nothing you have said here is going to be conclusive proof of innocence to the prosecution.

Perhaps. My girlfriend however is determined to have my name cleared of these charges and will be very adamant in my defense.

Does the truth not factor into any of this? I guess I can understand the whole pathology of abuse victims argument, but that does not apply here. She is not abused, nor is she a victim.

If there are children involved, expect a visit from CPS. Because if you two are involved in violent arguments and drunken fits, then children on the scene may not be seen as a good idea.

No children are involved.