[JMMiller99]

My question involves criminal law for the state of: California
My husband didn't like something I was saying to someone else and tackled me to the floor. I told him to let me up...I couldn't breathe. I was fighting for breath and slighly injured him. The police came, looked at his bruise and arrested me. They didn't hear my side or note my injuries. I am being charged with a felony and my attorney wants me to accept a plea to a misdemeanor. I think he is selling me out, after all...I didn't start the physical. I was struggling for my life. And now, since my last court date, there is some mix up and I have additional more serious charges added. He still has done nothing to straighten that out. I say fine lets go to trial, my attorney says I need to find someone else. Is this right? I'm not holding much faith in the judicial system. How can I be charged with this felony?? What can I do?

[aardvarc]

Where is the "someone else" who must have witnessed the incident, and what did THEY say to police?????

[D10]

Did you document your injuries? Was there a witness? Does he or you have a history of DV? Is your husband using this to keep you from your children?

On the other hand pleading to a mis is almost like getting a traffic ticket so...

[JMMiller99]

First of all thank you for answering---
We have no previose DV or anything close -- My husband does have pancreatic cancer and is on high doeses of fentynal along with norco -- and we were told his perceptions would be altered. I did go to court on this --- there were no actual witnesses to the events --- we were inside. The neighbor that removed my husband is no real help --- and she stated that I hit her and lunged at my husband after being free -- (I may have done that, but only in a panicked move to back him off--- I then retreated to my bedroom I had a preliminary hearing -- When my husband stated that he had no injuries and that I had made no contact with him when he said I tried to hit him. He also stated that he was on top of me when I bit him. And that he "took me down" because he thought I was a threat to his eighteen year old son. The neighbor stated that I hit her while struggling to get up. But she also stated that I lunged at my husband as if to hit him once I was released. Neighbor and I have long history including my husband and me trying to get a restraining order against her. My attorney dropped me -- the DA still wants three months plus. The judge issued a restraining order against me for and addional nine people who are not in the case and I havent bothered ( two of them are friends that want no part of the DA's restraining order_ and my lawyer accepted the order just before she dropped me and says that the DA will take care of it -- she has done nothing to help -- I am meeting with Pub. Def sometime I hope before next court date in two weeks. Please -- advice -- thank you

[yabutz98]

Please Someone Help Jmiller -- Her Husband Is Terminally Ill, And The Da Wont Let Her See Him! She Did Nothing Wrong But Protect Herself And Follow All The Laws And Judicial Orders Since-- But It Has Been Five Months And Her Husband Had Pancreatic Cancer And No More Time --- Not To Mention The Five Months Wasted While The Da Tried To Cover For Some Bad Police Work
Thank You
Yabutz