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

Answered
  • 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.

PREMIUM
Answered
  • 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, www.AEesq.com. 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.

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