What Are the Potential Charges in California

[jegarcia]

My question involves criminal law for the state of: California

My husband and I got into an argument on sat. one thing led to the other and I called the local police they transferred me to 911 and when my husband heard me in the restroom he broke the door to get in and broke my phone. He ran out, when the police got there I said he slapped me before he ran out. The police saw broken glasses which I got from his face and broke, when I said I did it they didn't write it and when I said I tried slapping him back they didn't write it either. The cop report stated this is a domestic violence felony. I don't live in his house yet. Will the DA consider this a felony as well? I know the state prosecutes but what can I do to make things right? Will they sentence him to 1 year in jail?

[cdwjava]

Breaking the door down and damaging the phone to prevent you calling for help can be serious offenses. Unless he caused injury, it's not felony domestic battery, but the other offenses can be felonies. Without knowing what specific offenses (statutes) he is charged with, we can't be sure what charges he faces or what the penalties might be.

In general, if he gets a decent attorney, he can probably get off with anger management classes, probation, and some fines.

- Carl

[M'sta Mikey]

No one here can guess what the DA will file; that's up to their office after an investigation. However, if the DA does file DV charges, which they most likely will, you will be compelled to testify against him. Either way, it's now the State of California v. Your husband. You are simply a witness/victim, hostile or otherwise, willing or not.

What the sentence is depends on the DA, the courts, and your husbands attorney, and any plea agreement they can come to agreement on before the trial. Otherwise, it's for a jury to decide his innocense/quilt and a judge to sentence accordingly.

[jegarcia]

A lawyer advised me not to call the DA and say I lied about him slapping me because all victims do this and it may incriminate him more.
Another girl on the forum spoke to the attorney's office and was able to drop the charges.
Can I call to see what the DA is charging him for and can I let him know we are seeking marriage counseling and if the state can drop the charges?
Does anyone think he can get 1 year in jail?

[cdwjava]

A lawyer advised me not to call the DA and say I lied about him slapping me because all victims do this and it may incriminate him more.

Well, it also incriminates you and makes you subject to arrest for making a false report to the police.

Another girl on the forum spoke to the attorney's office and was able to drop the charges.

Some DAs offices in CA have a protocol that effectively amounts to the victim signing a declaration indicating that the events did not take place and that they do not wish to cooperate in the prosecution of the suspect. they do this because WHEN (not IF) the suspect does it again, the victim and her advocates will not be able to scream to the media that "the system" let the victim down.

More than 3/4 of DV victims recant testimony within 48 hours. It is part of the dynamic of domestic violence.

Can I call to see what the DA is charging him for and can I let him know we are seeking marriage counseling and if the state can drop the charges?
Does anyone think he can get 1 year in jail?

Anything is possible.

- Carl

[jegarcia]

and any plea agreement they can come to agreement on before the trial.

How can we can a plea agreement before trial? Is this to our benefit? What is it?

[cdwjava]

A plea agreement before trial is to HIS benefit, not sure if it is to your (plural) benefit. It generally means that he doesn't have to do jail time, and he suffers the aforementioned penalties of probation, counseling, and fines/fees.

Whether the DA will care to entertain a lenient plea depends on a number of factors including the specific charges filed, and the nature of the evidence against him.

- Carl

[jegarcia]

My husband has 2 DUI's in his record but nothing on Domestic Violence over the 10 years of our relationship. Is it possible or legitimate for the DA to take into consideration the DUI's and charge him the max for the domestic violence incident?

[cdwjava]

My husband has 2 DUI's in his record but nothing on Domestic Violence over the 10 years of our relationship. Is it possible or legitimate for the DA to take into consideration the DUI's and charge him the max for the domestic violence incident?

I doubt the DUIs will play much into it unless alcohol or drugs was also a contributing factor in the DV. However, it might make the DA more inclined to offer a less favorable deal. It really depends on the DA, the charges, and the strength of the case - none of which we know.

- Carl

[jegarcia]

Thanks for the help.
I have made up my mind to try to speak to the DA and convince him we are both working on rectifying the incident before the arraignment and before the hearing.
I would rather attempt to try because I really don't think they will contact me.
Once I have information from the DA I will post the results.