My question involves criminal law for the state of: California
I've endured years of verbal domestic abuse, escalating to assaults & lastly physical battery causing serious injuries. Never called police on prior incidences. Major physical & verbal abuse/attack recently resuting in an arrest for battery on spouse. Police took pictures. He served 5 days in jail, released as first time offense, no bail. Judge issued 3yr CPO & hearing to follow. He has received "many" continuances since the incident. Continues to claim his innocence; prime example of his arrogance & abuse. Never once have I verbally abused or physically struck my husband. Medical & Drs rpts/tests/Acute PTSD diagnosis/historical incidences for previous assaults/pictures of contusions/phys therapy rpts - all submitted to his case file.
Why so many continuances requested by defense? He hasn't provided a guilty plea as of yet. There is "no excuse for abuse". What ANGLE could the defense atty possibly go for? I'm a clean slate, plus I have witness' (not present at incident) after the incident and friends witnessing his previous verbal abuse & anger episodes which I journaled, documented & made aware to specific individuals.
If he pleads (& rightfully should) guilty, aren't first time offenders (finally caught & brought to justice) usually given a fine, community service, 52wk battery program, spousal support & a continued CPO? Under Marsy's law; doesn't victims have the right to question so many continuances?