Orange, CA asked in Criminal Law and Domestic Violence for California

Q: My wife was charged with PC 243(e)(1), any chance of not being convicted/on her record?

My wife and I were both drunk last weekend where we got into an argument sitting in the backseat of a car. She started swinging/scratching my face (not punchin) and I tried to hold her hands to stop her. She left a few minor scratches around my face. A nearby person called police and eventually arrested my wife and charged her with DV 243e1. Of course, I don't want her to be charged but I guess it's up to the DA. Is there anything I can do or my wife in order for her not to have a DV on her record and affect her future employment? She has no criminal history.

2 Lawyer Answers

William Mihrtad Paparian

  • Criminal Law Lawyer
  • Pasadena, CA
  • Licensed in California

A: It's possible to avoid a conviction through a conditional plea whereby she would enter a plea of no context but sentencing would be put over for a year so she could complete 52 weeks of domestic violence counseling. It would be helpful to establish that there would be collateral consequences to a conviction that would impact her employability.

Ali Shahrestani, Esq.

  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: What happened when the police arrived? The DA makes decisions re: whether to charge or not. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.