Spousal Battery First Offence Penalty

My question involves criminal law for the state of: California

Hello. Recently my husband and I got into an argument. He had been having an affair and had recently ended it but was still emailing the woman he had been with. During the argument he hit me. It wasn't hard, I didn't need any medical attention abd they're want even a bruise left. I told the officer (my husbands uncle called the police) that I did not want to press charges but I was told I had no choice and that he was being charged with Penal Code 243(e)(1) Spousal Battery. This is his first offence, what should we expect as far as sentences go? He has not yet been arrested, we do not know where he is staying. What are his odds of having the case dismissed?

The odds of it being dismissed are slim. The DA will expect that you will recant or lie to protect him, so he will take that into consideration because most abuse victims do.

As for any sentence, likely anger management and probation, fines, and a criminal protective order that requires him to be nice to you or go to jail.

So what will happen once he is arrested? Will he stay in jail or will they release him with a court date? What should we expect to happen at this stage?

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Quoting k.ceren

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So what will happen once he is arrested? Will he stay in jail or will they release him with a court date? What should we expect to happen at this stage?

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He may be arrested and released on a citation, he may be arrested and held until arraignment and then offered bail or O/R release, or he may not be arrested at all. The state may seek an arrest warrant, may issue him a summons to appear, or they may choose to ignore the matter entirely. There is no way to say what WILL happen in an unknown situation.

And you say "we" as if you DO know where he is. You're in touch with him, aren't you? As I mentioned, most victims will bend over backwards to protect a man that will not show them the same courtesy. Many victims will lie and risk jail and even the loss of their children to protect their abuser while their abuser stands mum and lets her do it. It amazes me, but I understand the dynamice. I just hope you don't make that mistake.

Do you have children? If so, you can expect CPS to also be poking around. Future incidents with him - or, if the court issues a protective order and you decide to permit him to hang around you and the kids, CPS might seek temporary custody of the children if you are failing to protect them.

It is extremely rare that a DV case gets dismissed and it depends on how strong the case is against your husband. You need to take into consideration:

1. He was cheating on you.
2. He hit you during the argument over his infidelity.

You need to decide if this relationship is something you want to continue or you want to dissolve your marriage which may be harder if you have children.

Studies show that most long term marriages experience some sort of violence over the years and I'm not talking about couples beating up each other, but a push a scratch happens almost everywhere.

Now in your case:

1. It seems like your husband hit you for no reason but in DV cases sometimes it can be hard to decide who was offensive and who was defensive.
2. It looks like a 3rd person called the police which will make the case strong against your husband and eliminates the possibility of a vindictive wife involving the police and lying.

Your husband needs to talk to an attorney who evaluates his case and advices him the best possible option. A DV conviction has devastating consequences to the defendant, permanent criminal record, loss of gun rights which means he will never be able to join military, law enforcement, be hired as security guard etc. He will most likely be ordered not to contact you anymore which may make it impossible for you stay married to him.
Some counties offer pre-trial intervention program to avoid trial and conviction which takes a long time and can be costly but may be an option.

"He had been having an affair and had recently ended it but was still emailing the woman he had been with"

Honey....that is not "ending" the affair.

Aside from filing for divorce and never talking to this piece of garbage again, you need to get yourself into Counseling, and also in your gyno's office (you don't know if this is the first affair; you don't know the other woman's sexual history, you don't know if he brought an STD home.....)