Domestic Battery In California

My question involves criminal law for the state of: California

My friend had a scuffle with her ex gf, and about three weeks later she was arrested. She was charged for felony battery. She appeared the arraignment and was granted a public defender.

I am trying to help her figure out what is coming up and what kind of sentences she may be facing. She told me that her ex reported to the police saying that she pushed, strangled, and struck her. When policeman asked her whether she choked her, she answered yes. My friend was then arrested immediately and received emergency restraining order.

I can feel that she is very sorry about the incident and she told me she had been apologizing to her ex since the day of the scuffle. Based on her description, she didn't have intention to injure her at all. She physically touched her chest (not breast) when she was walking away from her, but she DID NOT INTENT TO PUSH her. They started a scuffle, and they both fell down and had bruises. Her ex held her arm and scratched it. She felt pain (her arm was bleeding) and her hand reached out to her neck trying to clam her down. She, however, HAD NO INTENTION TO CHOKE her and denies any action of strike.

Questions:

(1) Her ex went to hospital and made a document of her bruises but she didn't. Should she make a report of her injuries? It has been over a month, and her bruises went away although the scar of the scratch is still visible. And how important is the report?

(2) Domestic violence generally concerns a male and a female. How does their same-sex relationship affect the charge?

(3) If she did not intent to injure her, will the judge take this into consideration when he or she makes the judgment?

(4) Should she express her feeling of sorry in the court?

(5) Can the "choking" be explained as self-defense?

(6) Will the mutual battery be considered in the court?

(7) Can her case be regarded as misdemeanor instead of felony? If so, what is the sentence? If not, what is the sentence?

Thank you for your generous help.

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Quoting Bellamy09

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(1) Her ex went to hospital and made a document of her bruises but she didn't. Should she make a report of her injuries? It has been over a month, and her bruises went away although the scar of the scratch is still visible. And how important is the report?

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Without outside documention of the injury, the court isn't likely to consider a scar at this point (she has no corroboration to show that it wasn't pre-existing, or could have happened after the incident in question).

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(2) Domestic violence generally concerns a male and a female. How does their same-sex relationship affect the charge?

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It doesn't. AB 2826, passed in 2002, expanded the penal code definition of domestic violence in California to include violence by a current or past intimate partner, in a gender-neutral manner.

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(3) If she did not intent to injure her, will the judge take this into consideration when he or she makes the judgment?

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Not as much as they'll take into account that injuries DID occur. Intent isn't an element in this particular charge.

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(4) Should she express her feeling of sorry in the court?

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It can't hurt.

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(5) Can the "choking" be explained as self-defense?

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Her attorney can certainly try to use it as a defense, but if investigators, after hearing from both sides, felt that it was self defense, they wouldn't have charged her with a crime in the first place.

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(6) Will the mutual battery be considered in the court?

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It'll depend on the exact order of events, but anything is possible. Whoever did the first touching of the other is generally going to be seen as the aggressor.

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(7) Can her case be regarded as misdemeanor instead of felony?

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If the prosecution wishes to offer a plea to a lesser charge, yes - but when there are documented injuries, that crosses a line and they tend to press for felony.

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If so, what is the sentence? If not, what is the sentence?

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It'll depend on which exact charges, if any, she is convicted of - there's a pretty wide range. Any past criminal history might come into play as well.

Also, she needs to be CERTAIN that she doesn't violate the restraining order. That means NO calls, notes, letters, postcards, smoke signals, carrier pigeons, emails, text messages, E.S.P., the Bat Signal, or communication by passing verbal messages via friends. Violating that order, even for reasons of apology, will land her in hot water and possibly behind bars.

Thanks aardvarc.

She has a second court in few days and she has not seen her attorney yet.
What will happen in the second court? Is she going to be convicted?

BTY, she had no record prior to this. Will this be considered in the court?