Felony Battery

dz805 · #1 02-24-2009, 01:05 PM

My question involves criminal law for the state of: CA

My boyfriend was arrested friday night when the police were called by a neighbor who heard us screaming at each other. I am 8 month's pregnant and everything gets on my nerves right now and I ended up blowing up at him. Earlier in the night I was driving the car and we were yelling at eachother so I pulled over and tried to get him to get out of my car and he pushed me to the side to grab the car keys and ran out of the car. An hour later we were over that fight and on our way home. When we got home we started arguing again and he packed his stuff to leave and thats when things got loud and the cops showed. They asked me what happened and I told them how we argued earlier in the evening and he took my car keys. They asked me how he went about getting the keys and I told them he pushed me to the side to quickly grab the keys. He didn't hurt me but I ended up with a tiny little scratch from god knows what on my face so they ended up looking at him as the aggressor and arrested him with felony battery. I scratched his face when he pushed me to the side to grab for my keys but they didnt arrest me because I am pregnant. He is going to see the judge soon but was wondering if anyone can tell me what might happen before it does? This is his first offense with battery but he is on formal probation for dui. thanks

seniorjudge · #2 02-24-2009, 01:47 PM

What statute number is he charged under?

dz805 · #3 02-24-2009, 02:01 PM

Quoting seniorjudge

What statute number is he charged under?

I am not sure they just took him away friday and told us he could be OR'D on monday or tuesday when he can see the judge but so far he is being held for felony battery. But worried because he is on probation for dui but this is the only felony offense hes been arrested for. Don't know if they will keep him or let him out.

seniorjudge · #4 02-24-2009, 02:02 PM

He needs a lawyer.

dz805 · #5 02-24-2009, 02:07 PM

Well most everyone who gets arrested needs a lawyer. He has a public defender at the moment we are about to have our baby and don't have any extra money to hire someone at the moment. Someone he was in jail with for the same reason was OR'D today but has to go back in a month...just wondering if that would be the case with my boyfriend or not. Give us some time to come up with money for an attorney and to be able to fight it outside the jail.

tc498 · #6 02-24-2009, 05:48 PM

Since he is on probation he was to worry about that also.Ask the lawyer if he can get the charge dismissed or reduced to a misdeamanor and to see what he can do about the probation volation. He also has to nofity his probation officer of what happened.

You can talk some local lawyer and see they can arrange a payment plan for you.

cdwjava · #7 02-24-2009, 10:41 PM

Chances are he has been charged with PC 273.5 - felony DV. The court might also issue a protective order keeping him from contacting you ... or, at least issuing a so-called "peaceful contact" order.

He needs an attorney.

- Carl