My question involves criminal law for the state of: California
I don't really know how to start this, but I'll do my best.
<what happened>
Basically, My Fiance and I were involved in a bit of a scuffle yesterday. I had found out some things about her from a friend that had really affected the way I felt about her and following later that night she was drunk and under the influence of marijuana (so, more uninhibited, I guess) and she had said some things along the lines of she thought the relationship was over. She didn't really have much to say about it beyond that, but it bugged me the whole night. I asked her about it the next morning and she basically brushed off my question telling me I was stupid and she was just going to stay with her grandma. I walked away for a second, but after having dealt with this mostly for a few months (being left in the dark about the status of our relationship, knowing she had lied about some major stuff in the past and known she was talking/flirting with other guys on the side) I just felt I couldn't let it go. I went up to her and told her that I had to know, it was important, I had to know how she felt about the relationship. She again restated I was stupid and that I just had to go away. Being already emotional and needing some sort of closure, I pinned her against the wall, my forearm against her chest (I understand that this constitutes Domestic Battery?...Also, yes, in retrospect, I do understand that this was the moment I should of just walked away and moved on, before it got to this). I told her, I just needed an answer and that I wanted to know how it was so easy to throw me away. Without knowing what was going inside her head, I can only assume she felt cornered and threatened and broke down in tears. I immediately let go, realizing what I had done and just backed off. I grabbed the phone and told her she needed to call her grandma and get picked up, I was afraid of it going any further. She refused to take the phone and ran out into the bedroom, but her grandmother called at that instant (she was watching her son at that time) and she answered calling about how I had hit her and needed to be picked up and then hung up. I walked out and there were further verbal barbs that escalated in me saying "it's your fault it got here" (I was referring to the relationship and her lying, deceit and refusal to open up and the relationship hitting this point; however I can see how she misconstrued that to mean the physicality) and she yelled back "how dare you?" and ran at me with her shoe, hitting me in the back and the back of my head, then dropped the shoe and proceeded to hit me in the face 5-6 times, closed fist. I then restrained her and while I held her (hoping she would calm down) she started threatening my life, telling me her uncles would kill me and that I was a nothing, etc. I then felt she had calmed down and let her go, but she immediately went back to hitting me (closed fist again) 4 or 5 times in the face and chest. This is where I had made the mistake. Having been beat on by her twice in previous altercations (I never reciprocated, but never reported either), I just felt emotionally drained and angry so I hit her back, once in the face, maybe two or three times in the chest. After this, she threatened to break my stuff (my computer monitors and a few other things), so I restrained her once more and told her I wasn't going to fight anymore and to leave and wait on the patio or something. She went to the roommates room who interjected until I left. She had told him she didn't plan on calling the police and I had no plans to, so I left. However, her mother called the police as soon as she heard, so they arrived after I left (though, I made it clear to the roommate once he let me know they were there, that I would return if the police needed me and he made sure that they included that in their notes). They took her statement, the roommates statement and then left while she and her family moved her stuff out. They called me 20 minutes later at work to take my version of the altercation (though, I fear I was a bit too vague).
</what happened>
<where i am at>
* there were no witnesses, the entire altercation occurred in the room between me and her. the roommate was brought in at the end of the altercation.
* according to the police on the phone, if I do get convicted, it's a felony. To my understanding, these cases can be felony or misdemeanor, so I'm inclined to believe they're already siding with her.
* we both left with bruises, I had scratches and bruises on my face, which I took pictures of and she had a black eye
* I don't have much money and fear I won't be able to get a lawyer and will be stuck with a public defender
* based on the limited information i can find...the vast majority of these cases (first time or not) end in jail time, correct me if I'm wrong please?
* i am receiving threats indirectly (facebook, the cellphone she used to use [i paid for it and it was on my phone plan, so she left it behind, though she took the memory card, since it had her pictures and video on it], statements made to my roommate when they arrived, etc)
* according to a mutual friend (who I immediately told not to carry any messages back between me and her due to the emergency restraining order), she doesn't seem like she wants to testify or push it, but her family are pushing her to do so which i already assumed based on experience with them, so it's likely they will try their hardest to get me convicted.
</where i am at>
<questions>
* first, when the meeting/case/etc is handled by the DA, will there be a chance to go over the sequence of events again just to make sure everything is clear or with they go solely off of the police reports?
* what's the likelyhood of prison/jail in this case, based on these facts and the fact that there's no previous history or any previous criminal offenses (i understand i did wrong and am remorseful and will take a punishment, but i want to avoid jail at all costs since my understanding is felony = 1yr+ and the last thing I want is my life ruined at 22 :( )?
* is it likely that i will bear the brunt of this and that it will be me defending myself (plaintiff/defendant) only or is this more of a two-sided issue where the judge rules judgement on both sides?
* i want to get enrolled in anger management, since i do feel this was an issue that went out of hand. should i do that, or will that be detrimental during the case?
* what advice can you guys offer to help me with the situation?
</questions>
If I have any further information/questions, I'll get back to you and thanks in advance.
Accused of Domestic Violence, First Time Offender
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10-04-2010, 11:05 PMjeffreymAccused of Domestic Violence, First Time Offender
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10-05-2010, 03:44 AMLawResearcherMissyRe: Accused of Domestic Violence, First Time OffenderThe "sequence of events" ceased to matter when you laid hands on her. You need an attorney, and you need one now.Quote:
first, when the meeting/case/etc is handled by the DA, will there be a chance to go over the sequence of events again just to make sure everything is clear or with they go solely off of the police reports?
A public defender IS a lawyer. S/he's gone to undergrad, gone to law school, sat for and passed the bar and obtained licensure just like every other attorney. The difference is that s/he has decided to accept a pittance for pay to help out snotty yahoos crying about being "stuck" with his or her services. Be grateful for the existence of PDs, because it looks like that's all that stands between you and the Graybar Hotel.Quote:
I don't have much money and fear I won't be able to get a lawyer and will be stuck with a public defender
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10-05-2010, 06:17 AMtc498Re: Accused of Domestic Violence, First Time Offender
It's probably best to that you didn't say anything,for here on out just avoid contact w. her and follow the Pd advice.
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10-05-2010, 08:18 AMjeffreymRe: Accused of Domestic Violence, First Time OffenderI understand, I'm going to go ahead and call a few private attorneys today and, if they're still above what I can pay, see if I can get in touch with a public defender.Quote:
Quoting LawResearcherMissy
I apologize if this was offensive, it definitely wasn't meant to be, sorry.Quote:
Quoting LawResearcherMissy
I understand, her and I have not been in contact and the only real "contact" there has been have been the indirect threats, as mentioned above.Quote:
Quoting tc498
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10-05-2010, 10:43 AMcdwjavaRe: Accused of Domestic Violence, First Time OffenderYour attorney can talk to the DA if there is a problem. At the first hearing they are not going to go over the case with a fine tooth comb.Quote:
Quoting jeffreym
That depends on what you are charged with. What code section(s) have you been charged with violating? I imagine PC 273.5 is one of them. If so, prison is possible but not likely. Probation, counseling and diversion are often possible in these cases.Quote:
* what's the likelyhood of prison/jail in this case, based on these facts and the fact that there's no previous history or any previous criminal offenses (i understand i did wrong and am remorseful and will take a punishment, but i want to avoid jail at all costs since my understanding is felony = 1yr+ and the last thing I want is my life ruined at 22 :( )?
If you are charged with a crime YOU will be the defendant. The judge will not accuse or charge the other party with a crime if the other party has not been charged by the DA. But that would be a separate trial and not be directly related to your matter.Quote:
* is it likely that i will bear the brunt of this and that it will be me defending myself (plaintiff/defendant) only or is this more of a two-sided issue where the judge rules judgement on both sides?
It couldn't hurt. But you might want to run it by your attorney first. If convicted, you will likely have to do this anyway, so you might want to make sure you get into a program that the court will recognize.Quote:
* i want to get enrolled in anger management, since i do feel this was an issue that went out of hand. should i do that, or will that be detrimental during the case?
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10-05-2010, 11:41 AMjeffreymRe: Accused of Domestic Violence, First Time OffenderI called the public defender's office and they stated that I wouldn't be able to receive one/find out if I qualify until I've been arraigned. However, if I understand correctly, I HAVEN'T been charged yet and the Police + DA are deciding who and what charges to file, though I may be wrong. All the police told me was that it was in the DA's hands and I have to wait to hear back from them.Quote:
Quoting cdwjava
I believe that this is the only charge, yes (however, as I mentioned, I'm not SURE I've actually been charged yet). Is diversion something I should try pushing for (since, as I understand it, this mostly seals the offense except for immigration purposes and other special circumstances)? Also, I assume I'll need my attorney to arrange any plea bargains involving diversion/counselling/etc?Quote:
Quoting cdwjava
Understood, thanks. I just want to be prepared for the environment.Quote:
Quoting cdwjava
Understood. I'll wait until I can get a PD to run this by.Quote:
Quoting cdwjava
I really appreciate the help, cdwjava. This is the first time I've been in any trouble with the law, so I'm very much out of my element. -
10-05-2010, 02:01 PMcdwjavaRe: Accused of Domestic Violence, First Time OffenderIf you have not yet been arraigned, then you have time. The DA may choose not to file ... maybe. But, if she has visible injuries, charges are almost certainly forthcoming.Quote:
Quoting jeffreym
If charged, your attorney will know whether any form of deferral or diversion possible where you are. It won't "seal" the offense, but depending on the program it may result in a lesser offense being charged, or, in the matter being dismissed upon successful completion of the program.Quote:
I believe that this is the only charge, yes (however, as I mentioned, I'm not SURE I've actually been charged yet). Is diversion something I should try pushing for (since, as I understand it, this mostly seals the offense except for immigration purposes and other special circumstances)? Also, I assume I'll need my attorney to arrange any plea bargains involving diversion/counselling/etc?
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10-10-2010, 12:04 PMLyraDRe: Accused of Domestic Violence, First Time OffenderQuote:
Quoting LawResearcherMissy
However, having seen it first hand, a Public Defender doesn't always try to win a case. I've seen it happen, regardless of what you may say. And after appealing a ruling and hiring a REAL attorney, the attorney wondered why the PD hadn't done certain things that would have very likely caused the trial to not happen the way it did. -
10-10-2010, 12:14 PMDogmatiqueRe: Accused of Domestic Violence, First Time OffenderQuote:
Quoting LyraD
A PD IS a real attorney.
Period. -
10-10-2010, 12:19 PMLyraDRe: Accused of Domestic Violence, First Time OffenderAnd Randy Moss is a real football player, but it doesn't mean he always goes out and gives it his best. Some sports players give a half-hearted attempt in some games. Some PD's don't always try their best to represent their clients. Nothing you can say will change my view on that, or my experiences.Quote:
Quoting Dogmatique