Visalia, CA asked in Criminal Law, Federal Crimes and Domestic Violence for California

Q: First time offense , no violent past ,

First offense , no violent record , charges are “corporal spousal abuse”? and kidnap??! Reason for these charges was because i had taken the keys from my fiancé who was at the time , under the influence trying to leave at 3am in her vehicle I was just worried about her safety , she tried wrestling the keys out of my hands and said I did not let her leave, during the confrontation we both had received scratches / abrasions from the cement tower/lights located in front of the house , the officer did not ask her if the injury’s had came from me or as a result of us wrestling for the keys, what he did instead was take pictures of her back which in the process of struggling had been cut on the corner of the pillar , the officer then proceeded to walk into my residence without warrant , or the permission of the current residence , my fiancé then declared she did not want charges pressed and thought they were only going to de-escalate the situation and let me go, which did not go in her favor

2 Lawyer Answers
John Karas
John Karas
Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: I suggest you consult with and hire an experienced, reputable attorney in your area who handles domestic violence cases. By the nature of the injuries described, it may be filed as a felony. You have several potential defenses.

Good luck.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: a prior clean record has nothing to do with whether the DA will file. It will factor in on a plea or sentence.

did you explain all this to the police? did you Victim too?

you need to consult with an experienced domestic violence attorney asap.........

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