Battery Charge In California
One of my ex-girlfriends started cheating on me. I found out about it and confronted her. We yelled a lot but that was it and I left and didn't talk to her again. A month later, she goes to the police and reports that I slapped her in the face during that argument. She says she wasn't hurt at all by it but it was still illegal.
Facts:
1) She reported this alleged incident 1 month after - clearly there is no evidence
2) No witnesses since it happened in private
3) I deny this slapping ever happened
It's her word against mine for a misdeamor simple battery. I think this is the lamest charge ever. I'm surprised the DA even pursued it. Do I get a full blown jury trial out of this and have to pay for a lawyer? Does the state refund my lawyer fees if I win? If she gives a convincing sob story enough that I slapped her is it even remotely possible I will lose here? Aren't I assumed innocent until proven guilty?
Re: Lame Battery Charge in CA - what to expect?
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Quoting homersomeone
It's her word against mine for a misdeamor simple battery.
Did they charge this as a domestic violence battery (PC 243(e))? Or as a simple battery (PC 242)? It makes a difference as to potential penalties.
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I'm surprised the DA even pursued it.
Without witnesses or injury, so am I. But, HAS he pursued it? You say she reported it to the police ... have you been arrested? Have you gone to court?
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Do I get a full blown jury trial out of this and have to pay for a lawyer?
If it goes to trial, you have a right to a jury trial. If you cannot afford an attorney, the court will appoint one for you at no cost ... though, if you lose, you will probably have to pay a small amount to cover the cost of the public defender.
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Does the state refund my lawyer fees if I win?
No.
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If she gives a convincing sob story enough that I slapped her is it even remotely possible I will lose here?
Is it possible? Sure.
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Aren't I assumed innocent until proven guilty?
Of course. But the prosecution can still try to prove that you are guilty. And that proof comes in the form of evidence (including testimony).
- Carl
Re: Lame Battery Charge in CA - what to expect?
I've never been arrested or given a citation/gone to court. She reported it to the police then they asked me to voluntarily give a statement. Don't really know if the DA is going to follow through but the police dept says they sent the case over to the DA and they were going to press charges but that's kind of weird because I called the DA and they haven't got the case yet and still need to review it.
Seems the order should be:
1) report crime
2) arrest/citation
3) DA looks at report
In my case it's:
1) report crime
2) DA looks at report
3) ???
Anyway, the police told me the ex said she didn't want to press charges and she just needed to report it if there was additional abuse (which is BS). Says she wasn't hurt at all and just "insulted".
Super lame again but is this more serious than I think?
Re: Lame Battery Charge in CA - what to expect?
This could be very serious. And not every offense allows for an arrest. In this case she went to the police after the fact and reported the assault. Since the misdemeanor did not occur in their presence, and the time frame was likely a little "stale" to permit an arrest for domestic violence given the circumstances, they opted to write it up and send it to the DA.
If the DA's office has not reviewed it, it could be because it is still in the charging DA's "in box", or because it is a back-burner issue as no one is in custody.
Depending on the county you live in, the DA may offer you DA diversion (in my county that means a stern tongue-lashing with no charges filed), court-ordered diversion with mandated counseling and then they drop the charges after counseling and successful completion of probation, or they may go whole hog for a fine and county jail time.
When/if you get charged, consult an attorney.
- Carl
Re: Lame Battery Charge in CA - what to expect?
If they offer me DA diversion, should I take it or insist to clear my name? I really didn't do it and I'm sure you heard it before but I think it's retarded that the mere accusation with NO evidence besides some lame story can get me in so much trouble and cost me money especially when I didn't actually slap her.
The ex might be on a vendetta now I don't know but before she specifically told me before she wasn't going to press charges so if she doesn't testify and I say I'm innocent and there's no evidence besides whatever she said in the police report, I assume they'll just drop it right?
If she does testify, can I insist on a lie detector some other test on her?
Re: Lame Battery Charge in CA - what to expect?
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Quoting homersomeone
If they offer me DA diversion, should I take it or insist to clear my name?
Entirely up to you and your attorney.
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I really didn't do it and I'm sure you heard it before but I think it's retarded that the mere accusation with NO evidence besides some lame story can get me in so much trouble and cost me money especially when I didn't actually slap her.
So far, nothing HAS happened to you. Anyone can file a report and make an accusation. IF the DA chooses to file, then you have somethign to worry about.
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The ex might be on a vendetta now I don't know but before she specifically told me before she wasn't going to press charges so if she doesn't testify and I say I'm innocent and there's no evidence besides whatever she said in the police report, I assume they'll just drop it right?
Probably. But it's no guarantee.
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If she does testify, can I insist on a lie detector some other test on her?
Polygraphs are not admissable in court.
- Carl