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

Q: Iam charged with domestic battery and cruelty to a child (case is a misdemeanor) nobody is injured and I have no crimina

While arguing with my husband I hit him using a baby blanket he was holding our baby at that time. I called the police and they arrested me because my husband showed them a video the incident happened. I wonder what is the worst scenario of my case and what to expect. My very first time. What options I have to resolve my case?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about your situation. Domestic violence and child endangerment charges are serious matters. Here's some general information, but please understand that it's crucial to consult with a qualified criminal defense attorney who can provide personalized legal advice based on the specific details of your case.

In California, domestic battery (Penal Code 243(e)(1)) is a misdemeanor that carries potential penalties of up to one year in county jail, a fine of up to $2,000, or both. Cruelty to a child (Penal Code 273a) can be charged as a misdemeanor or a felony, depending on the circumstances. As a misdemeanor, it carries up to one year in county jail.

Potential outcomes and options may include:

1. Plea bargain: Your attorney may negotiate with the prosecutor to reduce the charges or penalties in exchange for a guilty plea.

2. Diversion programs: In some cases, first-time offenders may be eligible for diversion programs that focus on rehabilitation and counseling.

3. Probation: The court may grant probation, which typically involves completing certain requirements, such as attending counseling or anger management classes, in lieu of jail time.

4. Trial: If you choose to contest the charges, your case will proceed to trial, where the prosecutor must prove your guilt beyond a reasonable doubt.

Given the presence of video evidence and the involvement of a child, it's essential to have experienced legal representation. A criminal defense attorney can assess the evidence, advise you on the best course of action, and work to protect your rights and achieve the most favorable outcome possible.

Additionally, consider seeking support through counseling services or domestic violence support groups to address any underlying issues and prevent future incidents.

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