Innocent of Felony Domestic Violence Charges

I'll be brief.

Girlfriend got drunk, fell down and cracked her head open.

I got angry with her; loud argument; destroyed personal property.

Neighbor called police because of noise; broke into residence; Tazzered & arrested.

I'm being charged with felony DV and misd resisting arrest.

I have counsel and am awaiting my preliminary hearing.

I didn't lay a finger on her.

What can I expect in CA?

Depends. Have their been other charges before this?

There was an incident about a year and half ago, where the police were called. No physical contact, just shouting.

Despite protests, was told "one of you has to go to jail." Arrested - never any charges filed.

Quote:

---

Quoting truly.innocent

---

I'll be brief.

Girlfriend got drunk, fell down and cracked her head open.

I got angry with her; loud argument; destroyed personal property.

Neighbor called police because of noise; broke into residence; Tazzered & arrested.

I'm being charged with felony DV and misd resisting arrest.

I have counsel and am awaiting my preliminary hearing.

I didn't lay a finger on her.

What can I expect in CA?

---

You can expect a preliminary hearing and then a trial if no plea agreement is reached. You will likely be offered a misd. plea in exchange for counseling and probation, and it is possible that a criminal protective order will be put in place preventing any further violent contact with the victim.

What does your attorney say about your situation?

- Carl

My attorney doesn't believe there is enough substansial evidence to warrant a case.

We also have a hospital report from years ago, before my girlfriend and I were involved, where she got drunk, fell and cracked her head open much in the same way.

The DA is pressing because witnesses heard screaming coming from our residence.

There is already a protective order in place, which the judge modified, to allow me to move back in with my girlfriend.

I am committed to proving my innocence, but if this thing goes to trial its going to cost me a small fortune.

Realistically, what are my chances of winning a jury trial, and if it does go to trial does it then become a situation of all or nothing? By that I mean am I either innocent or punishable to the full extent of the law? They're threatening me with state prison time... sheesh.

Is your girlfriend going to testify that you caused her injury?

Quote:

---

Quoting truly.innocent

---

My attorney doesn't believe there is enough substansial evidence to warrant a case.

---

Of course he says that - he is your attorney. It might be true ... or, he might just be giving your case a positive spin.

I hate to say it, but given your apparent demeanor when the police contacted you, it's very likely you are going to look bad here.

Quote:

---

We also have a hospital report from years ago, before my girlfriend and I were involved, where she got drunk, fell and cracked her head open much in the same way.

---

Which will mean absolutely nothing unless she testifies that she has never done that before. However, the prosecution could always claim that she lied to the docs about THAT hospital visit in order to protect you.

Quote:

---

The DA is pressing because witnesses heard screaming coming from our residence.

---

As he should.

Quote:

---

There is already a protective order in place, which the judge modified, to allow me to move back in with my girlfriend.

---

So, this conflict likely violated the peaceful contact CPO?

We call all this a clue ... protective orders, ongoing violence or anger in the relationship, abuse of alcohol, anger management problems ... time for the two of you to go your own ways before one of you gets hurt worse and the other goes to prison.

Quote:

---

Realistically, what are my chances of winning a jury trial, and if it does go to trial does it then become a situation of all or nothing? By that I mean am I either innocent or punishable to the full extent of the law? They're threatening me with state prison time... sheesh.

---

No one can say what your chances are as no one here knows the state's case against you. Did you state things to the officers which can be used against you? Is she going to testify against you at trial? What did the neighbors here? What did the scene look like? What are the doctors going to say about the source of her injuries?

There are too many possibilities to go into, but on the face of it the potential for the state to have a strong case is good.

- Carl

Let's back up.

My girlfriend is NOT going to testify that I caused her injury. She injured herself when she fell. She stated as much in her hospital intake report.

The protective order was issued at my first court appearance. I obeyed that order and refrained from any contact with her until my attorney had it modified to non-violent contact. She spoke before the court and the judge on my behalf.

She also helped me obtain her medical records from her previous incident.

She also arranged my bail and has appeared with me at every court appearance.

I've seen the evidence and I've read the police reports and there are inconsistencies with both. So no, I don't think my attorney is giving my case a "positive spin."

Quote:

---

Quoting truly.innocent

---

My girlfriend is NOT going to testify that I caused her injury. She injured herself when she fell. She stated as much in her hospital intake report.

---

This is common in abuse cases. The most serious DV cases I have investigated have involved false initial statements to medical personnel. It's part of the pathology of abuse. So, it is no surprise that the police and the DA hold this statement to be suspect.

Quote:

---

The protective order was issued at my first court appearance. I obeyed that order and refrained from any contact with her until my attorney had it modified to non-violent contact. She spoke before the court and the judge on my behalf.

---

And the order states that there shall be no harassment or physical assault, etc. The fact that there appears to have been a lot of yelling and tossing of stuff around the house could be enough to violate that order. Maybe.

Quote:

---

She also helped me obtain her medical records from her previous incident.

She also arranged my bail and has appeared with me at every court appearance.

---

All of which are part of the pathology of an abused victim.

In more than 75% of abuse cases, the victim will recant within 48 hours ... about 85% by the time the first court date comes up. And many of those will be willing to perjure themselves or confess to making a false report to the police in order to protect the abuser (i.e. they will risk jail for a person who would not do the same for them).

Again, nothing you have said here is going to be conclusive proof of innocence to the prosecution.

Quote:

---

I've seen the evidence and I've read the police reports and there are inconsistencies with both. So no, I don't think my attorney is giving my case a "positive spin."

---

Well, you'll see at trial. Maybe the case is weak ... maybe not.

If there are children involved, expect a visit from CPS. Because if you two are involved in violent arguments and drunken fits, then children on the scene may not be seen as a good idea.

- Carl

Quote:

---

And the order states that there shall be no harassment or physical assault, etc. The fact that there appears to have been a lot of yelling and tossing of stuff around the house could be enough to violate that order. Maybe.

---

I want to be clear about this: there wasn't an order in place when the incident occurred. It was issued afterwards...

Quote:

---

Again, nothing you have said here is going to be conclusive proof of innocence to the prosecution.

---

Perhaps. My girlfriend however is determined to have my name cleared of these charges and will be very adamant in my defense.

Does the truth not factor into any of this? I guess I can understand the whole pathology of abuse victims argument, but that does not apply here. She is not abused, nor is she a victim.

Quote:

---

If there are children involved, expect a visit from CPS. Because if you two are involved in violent arguments and drunken fits, then children on the scene may not be seen as a good idea.

---

No children are involved.

The problem you'll have is that there is a TON of unflattering circumstantial evidence against you:

1) a neighbor called police, so there's an outside party saying "hey, there's a problem here"

2) for whatever reason, you tell us that the police have to break in - so either you refused to answer or they heard enough commotion for them to reasonably fear that someone was in danger and come in on their own (next time stop the yelling and answer the door?)

3) for whatever reason, your demeanor on the scene didn't result in an easy arrest - tazering usually indicates non-compliance

4) destruction of property in the midst of all of this is just another layer of icing on the cake

5) the previous arrest isn't going to help, though it may not be admissible

Given that we have all these layers of angry, violent behavior, and that both police AND a neighbor witnessed the events - I'm not sure what possible spin your attorney can put on this to convince a jury that you didn't have a hand in her injuries (even if you really didn't).

Whatever outcome you get from this case, you'll have to figure out that "if you always do what you always did, then you'll always get what you always got" - in other words, either get your anger under control and get your girlfriend some alcohol abuse help - or both of you will be looking at this scenario playing itself out over and over again until she either "falls" and kills herself (with you to blame) or you end up resisting arrest with some cop who will swear to the coroner that he thought you had a weapon when he put a couple of rounds into you. Either way, without some professional outside help for BOTH of you, this ain't gonna end well in the long run.

Well put.

I concur.

- Carl

Quote:

---

2) for whatever reason, you tell us that the police have to break in - so either you refused to answer or they heard enough commotion for them to reasonably fear that someone was in danger and come in on their own (next time stop the yelling and answer the door?)

---

Well, I didn't answer the door, so that is true.

Quote:

---

3) for whatever reason, your demeanor on the scene didn't result in an easy arrest - tazering usually indicates non-compliance

---

I didn't confront the police in any way. They kicked the door in, stormed in and tazered me.

Also, my girlfriend and I have stopped drinking as a result of all this and our relationship has never been better. We are committed to staying sober because we realize the consequences of our actions. Alcohol simply isn't worth it - our love for one another is.

Quote:

---

Quoting truly.innocent

---

I didn't confront the police in any way. They kicked the door in, stormed in and tazered me.

---

Soooo ... you were standing there, passive, compliant, and smiling, and they just zapped you for grins and giggles? :rolleyes:

If it did happen that way, you'd be here talking about the wonderful lawsuit you had against the agency and not how to beat the rap.

Quote:

---

Also, my girlfriend and I have stopped drinking as a result of all this and our relationship has never been better. We are committed to staying sober because we realize the consequences of our actions. Alcohol simply isn't worth it - our love for one another is.

---

That's a good first step. Hopefully you both stay on that path. However, history tells us that one or both of you will not continue on this road - and if no sanction comes down as a result of this, the chances are pretty good that things will revert back to the way they were.

- Carl

Quote:

---

If it did happen that way, you'd be here talking about the wonderful lawsuit you had against the agency and not how to beat the rap.

---

I didn't offer any resistance. I'm sorry you find that hard to believe, but its the truth. In fact, the agency that responded has a well documented history of mis-use of power.

Quote:

---

However, history tells us that one or both of you will not continue on this road - and if no sanction comes down as a result of this, the chances are pretty good that things will revert back to the way they were.

---

Wow, thanks for the vote of confidence. I appreciate your (and everyone else for that matter) taking time to answer my questions but I find your presumptuousness to be condescending and arrogant.

It's the voice of too many years of experience talking. I am always cautiously optimistic, but I have seen far too many of these to expect the result you intend. I hope it happens, but I would not wager money on it.

Good luck.

- Carl

Quote:

---

I didn't offer any resistance. I'm sorry you find that hard to believe, but its the truth. In fact, the agency that responded has a well documented history of mis-use of power.

---

I dont find that hard to believe, I feel for you brother you could be a victim of the nanny state.

Wait a second, the police come and you refused to answer the door after your girlfriend has fallen and cracked her head open?

What I don't get is why didn't you call someone yourself after she injured herself you're not a doctor to dictate that she is ok or not.

I just wanted to post an update to my case.

I rejected the DA's initial plea bargain which would have had me plead guilty to a misdemeanor DV.

I accepted the DA's second plea bargain which had me plead guilty to misdemeanor resisting arrest. The DV charges were completely dismissed.

I'm now on informal probation and must attend AA for a period of six months.

Girlfriend and I are 100+ days sober...

Here's to a better 2008!

Congratulations!

Hopefully it takes!

As i said, I'm a cautions optimist ... far too often people fall back to their old ways, but occasionally they succeed. I'm always happy to have my cynicism proven wrong.

- Carl

Congrats- on the dismissal and the sobriety. Sometimes the truth does matter, good to see.