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  1. #1
    Join Date
    Jul 2009
    Posts
    1

    Default PC 243(e)

    My question involves criminal law for the state of: California

    my Husband and my self went to argument and the he softly touch my face but I was mad at him so I called 911 and they took him to jail but I don't want to go through any charges and I misused the word hit when I talk to police.

    So what I have to do so that there will be no charges for him because this is my fault not his to tell the police mis words.

    Your help will be really appreciated.
    Thanks

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

    Default Re: Pc 243(e)

    Quote Quoting kainthraj
    View Post
    my Husband and my self went to argument and the he softly touch my face but I was mad at him so I called 911 and they took him to jail but I don't want to go through any charges and I misused the word hit when I talk to police.
    He touched, shoved, pushed or struck you during an argument, and the two of you are in a domestic relationship as defined under PC 13700. This, then, qualifies as misdemeanor domestic battery per PC 243(e).

    So what I have to do so that there will be no charges for him because this is my fault not his to tell the police mis words.
    You can always talk to the District Attorney. Some counties will ask that you sign the world away indicating you do not wish to cooperate with the prosecution, that you acknowledge the state tried to help you and will hold them harmless if he beats the hoo-hah out of you in the future (which, statistically, does happen), and some other stuff.

    Other counties will simply tell you that they understand your concerns, but ... tough. Since more than 75% of DV victims recant within something like 48 hours, this is pretty predictable for them.

    Assuming they DO go along with your request and agree to dismiss the matter, you also have to understand that he will have gained the upper hand over you in that future complaints will be met with skepticism and your credibility as a witness could be greatly diminished.

    Otherwise, you go to court and you testify truthfully.

    - Carl

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