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  1. #1
    Join Date
    Sep 2006
    Posts
    2

    Default Felony Spousal Abuse Charge After Mutual Fight

    Hello, and in advance thanks to anyone ,who replies.

    My Charges are as follows.
    California Penal Code 273.5 Spousal Abuse with Injury

    A week ago my wife and I were at a party and got into an argument,drove home arguing, went in the house and continued to argue. We had both been drinking although I was by far more intoxicated. we were both yelling pretty loud and in each others faces, my wife was blocking my way into either of our 2 bathroom and I told her I had to pee, but everytime I attempted to go into the bathroom she would block my way, so I told her if you dont move I am gonna stand here and pee on your leg, she refused so I peed on here leg, That in turn made her so angry that she hit me several times, during which I hit her open hand on the side of the head causing her to fall and strike the door jam leaving a bump on her left forehead, we argued for a few more minutes and she ran out of our apartment. after a few minutes i grabbed my keys and went to look for her, she saw me driving around and, she felt threatened I guess and called the police.

    To be 100% honest I do not totally remember everything from that night

    I was on the phone to my mom who had called me because my wife called her after the cops, Whenthe police showed up, 1 male and 1 female officer. They took me into custody, without any struggle. and interviewed me, I told the male officer my story and the female went to interview my wife. she came back told the male officer what my wife said and they placed my in thier patrol car, at all times while I was in custody I acted calm and courtious, which is stated in the police report. they then both went to speak with my wife for less than 5 minutes came back and stated they were arresting me for felony spousal abouse California Penal Code 273.5. I went to jail and was processed, I spent 16 hrs in jail before my wife bailed me out.

    My wife told me she didnt want me to go to jail, but to just leave for the night because she was scared our fight would escalate further. She did not press the charges, the DA will be doing that, I have yet to contact a attorney, although I will be doing that on monday, My wife admitted in the police report she hit me first, but i went to jail because she had a visible injury.

    We got the police report and there we several unaccurate statments in it.
    1. The female officer was never mentioned
    2.The female officer interviewed my wife, but in the report thae male officer states he did the full investgation. my wife says he asked her 2 questions, do you need an ambulance and do you have any weapons in the house,
    3. it states my miranda rights were read to me and I waived them, I was never read those rights.

    Also my wife states that the police searched our house, every drawer and closet. with our her permision they didnt even ask first.

    They also confinscated 5 of my hunting rifles.

    My Past:
    I have NO criminal history.
    I am a Paramedic in the city,where this took place. I am concerned as too what might or will happen, a felony I lose my license automaticly, a misdemenor i might lose it anyways.

    My wife is planning to refuse to testify agianst me.
    We are trying to work things out,
    This has never happened before.
    I am trying to quit drinking right now 7 days sober.

    any advice would be wonderful

    Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Felony Spousal Abuse Charge After Mutual Fight

    Quote Quoting grizzley
    Hello, and in advance thanks to anyone ,who replies.
    We got the police report and there we several unaccurate statments in it.
    1. The female officer was never mentioned
    2.The female officer interviewed my wife, but in the report thae male officer states he did the full investgation. my wife says he asked her 2 questions, do you need an ambulance and do you have any weapons in the house,
    3. it states my miranda rights were read to me and I waived them, I was never read those rights.
    One possibility is that the female officer wrote the report. Another possibility is that he overheard all the statements (perhaps the other officer recorded them) so he could just put down what was said. We often write reports involving what was said not necessarily what was said and not as a response to a particular question by an officer.

    Also, you admit you do not remember everything about that night. Perhaps you don't remember Miranda either. And in any event, Miranda is not required until you are both under arrest and being interrogated. So, anything you said after they slapped the cuffs on might be able to be suppressed if they did not read you Miranda.

    Also my wife states that the police searched our house, every drawer and closet. with our her permision they didnt even ask first.
    Did they find anything? If they did not find anything to be used against you, it's not an issue for this case. Additionally, there could be a number of justifications for such a search. But, since there is no connection to the DV charge, it would seem a moot issue and a red herring.

    They also confinscated 5 of my hunting rifles.
    Required by CA law. In fact, that might justify the search you describe as they look for more weapons or ammunition.

    I am a Paramedic in the city,where this took place. I am concerned as too what might or will happen, a felony I lose my license automaticly, a misdemenor i might lose it anyways.
    Ouch. See the long term effects of what happens when you drink and lose control?

    My wife is planning to refuse to testify agianst me.
    She cannot refuse a subpoena. Is she willing to go to jail to protect you?

    Keep in mind that the DA expects this to happen ... in more than 75% of DV cases the victim recants or states they will not assist the prosecution. They will likely go ahead anyway.

    I am trying to quit drinking right now 7 days sober.
    Seven is a start ... 90+ would be more impressive. Perhaps you should BOTH try sobriety.

    any advice would be wonderful
    Hire an attorney ASAP.

    - Carl

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Felony Spousal Abuse Charge After Mutual Fight

    I don't want to sound preachy, but it sounds like you have an alcohol problem you need to get under control. Consider trying to follow the AA model - find your local meetings, get a temporary sponsor, and try to do 90 meetings in 90 days. If AA works for you, your life will end up being a lot better no matter what happens with this charge. And frankly, if you keep a log sheet and document that you've done 90 meetings in 90 days, and continue AA at least twice a week afterward, your commitment to sobriety has a good chance of helping you with either a plea bargain or a sentence which may result from this charge.

  4. #4
    Join Date
    Sep 2006
    Posts
    2

    Default Re: Felony Spousal Abuse Charge After Mutual Fight

    I hired any lawyer, he is going to shoot for a "conditional dismissal" and if they dont take that he will try a DEJ.. what are your opinions on these... thanks

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Felony Spousal Abuse Charge After Mutual Fight

    Either would be, in my opinion, a very good outcome (assuming you satisfy the conditions set by the court and get the dismissal).

  6. #6
    Join Date
    Dec 2009
    Posts
    2

    Default Re: Felony Spousal Abuse Charge After Mutual Fight

    I know its been forever....i would reALLY like to talk to you about your case...I am really concerned that though I was arrested , they may drop me and come after my spouse. He is breadwinner and really shouldnt be charged either, it was mutual.

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