[slashy]

My question involves criminal law for the state of: CA

My husband and I were in the car and I was talking something serious to him, and he wasnt listening and was in his own world, so I patted him on the shoulder and said 'listen to me' he came back to his senses, and showed a hand at me saying 'yeah dont bug me'
some officer saw this and reported this. the police came and arrested me. although my husband kept saying that it was nothing, and not abusive and we werent even fighting...my husband bailed me out the next morning.

I am being charged with misdemeanor spousal battery 234(e)1 and have a court date.

The bail bondsmen told him that such charges are normally dismissed, but im scared...should I get myself a lawyer? How can I be charged when there was nothing going on? And even the victim(my husband) is not hurt and not pressing charges...what can I do?

[LawResearcherMissy]

Of course you should get yourself a lawyer.

You've been accused of a crime you and your husband say you did not commit, and it's a serious one that prosecutors are obligated to pursue.

This is not something to attempt a DYI defense on.

[slashy]

I have also read that spousal Abuse and domestic violence charges are aggressively prosecuted in CA, and even if the victim tells the court and prosecutor they do not wish to "press charges" the case WILL NOT be dismissed. Jail time is routinely sought even in first offense or non-injury cases...
is this true?

[aardvarc]

Pretty much, yes. Prosecutors are used to this dynamic since about 85% of victims of actual, even victims of extreme violence, tell the same story - "it wasn't anything serious, I don't want to press charges". Thanks to the vast numbers of cases like that which ended in dead victims later on, DV cases are often handled as "worst case scenarios" and tend to err on the extreme side of caution (not that this necessarily applies in your particular case, just explaining WHY what seems like a minor incident to you is being treated as being so serious).

[cdwjava]

I seriously doubt the officer witnessed a gentle tap on the shoulder and mistook it for a battery offense.

Consult that attorney.

It's possible the matter will be dropped by the DA, but the likelihood of that depends upon the county and the strength of the officer's observations and any other evidence (such as statements by both parties at the scene and any other witnesses).

- Carl

[Esquire]

I have to agree with cdwjava. An officer is not going to observe a tap and end up citing/arresting someone for DV.

As a current DV prosecutor, I generally dislike 243(e)(1) cases. No visible injury is required and it's usually a matter of "You hit me. No I didn't." I usually refuse to file them.

However, this doesn't apply when I have an witness, especially an independent one. An officer usually makes a pretty good one. I suspect that the report will state that he observed something else.