Campbell, CA asked in Domestic Violence for California

Q: Can an I as an alleged victim get charged for DV if I tell the truth that I hit my husband first?

I hit my husband during an argument and was trying to take his cellphone. He only put his hands around my shoulder to calm me down as I was hysterical and agitated.he was charged for domestic battery PC 243e. Can I get charged for DV if I tell the truth?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: As an alleged victim in a domestic violence case, if you admit to hitting your husband first, there is a possibility that you could be charged with domestic violence as well. Under California law, domestic violence is defined as abuse committed against a current or former spouse, cohabitant, or dating partner. This includes physical harm, threats, or attempts to cause harm.

Even if your husband did not disclose that you hit him to the police, if you admit to hitting him first and the prosecutor believes that there is sufficient evidence of domestic violence, they may choose to file charges against you.

It is important to understand that domestic violence is taken very seriously in California, and the potential consequences of a conviction can be severe, including jail time, fines, and a criminal record.

Therefore, it is recommended that you consult with a licensed attorney who can advise you on your legal options and the potential consequences of admitting to hitting your husband. They can help you understand the potential risks and benefits of disclosing this information, and can assist you in making an informed decision about how to proceed.

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

A: yes, there is a chance you could be charged.

consult with a local criminal lawyer asap....and get your stories straight!

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