Can I be charged with a crime after a dispute with my mom over a phone?

Question

I was involved in a domestic dispute with my mom. While sitting on the stairs, my phone fell, and initially, she jokingly took it but then refused to give it back even when I asked earnestly. I jokingly threatened her with my shoe, and she threatened to break my phone. As she tried to walk away with my phone, I grabbed it, leading to an accidental fall against her. She believes I tried to push her down the stairs, and in the ensuing altercation, we both bit each other. Police were not called, and no charges have been filed yet, but my mom has threatened to involve them. My little siblings witnessed most of the incident, and there might be camera footage. I had a red mark on my arm afterward, and no prior authority involvement occurred. Can I be charged with a crime?

Yuliya Kelmansky · Answer

Yes, it is possible. In California, even family disputes can lead to domestic violence-related charges if law enforcement or the District Attorney believes there was physical force or a threat of harm. Depending on the facts and any evidence (witness statements, marks, or video footage), charges could include: 
 
Battery (PC §242) – unwanted physical contact. 
 
Domestic battery (PC §243(e)(1)) – battery against a family or household member. 
 
Assault (PC §240) – attempting or threatening to use force. 
 
Because both of you bit each other, the police could technically arrest one or both of you if they get involved, even if neither of you intended serious harm. Domestic violence cases are taken seriously, and prosecutors can move forward even without your mom’s cooperation if they believe there is enough evidence. 
 
If your mom calls the police, you should not try to explain your side without first speaking to a criminal defense attorney. Anything you say could be used against you. An attorney can help protect your rights and present mitigating facts—such as the incident being accidental, mutual, and without intent to cause injury.

James L. Arrasmith · Answer

It is possible to be charged with a crime after a domestic dispute, even if things escalated accidentally. In situations like this, law enforcement usually looks at whether there was physical contact, whether injuries occurred, and whether there is evidence such as witness testimony or camera footage. Since your mom believes you tried to push her and there was biting involved, police could view it as potential domestic assault if she reports it. 
 
That said, the details matter. If you can show that the contact was accidental while trying to retrieve your phone, that could affect how the situation is interpreted. The fact that you also had a visible mark and that your siblings witnessed what happened means there would be more than one perspective available if police investigate. Often, when there is no clear aggressor and both parties contributed, charges may still be possible, but the outcome will depend on how the evidence is weighed. 
 
For now, the most important thing you can do is avoid further conflict and document your version of events while it is fresh in your memory. If the police do get involved, explain calmly what happened and emphasize that it was an accident rather than intentional harm. While you cannot control whether your mom decides to file a report, showing that you are cooperative and have your own account of the incident will help protect you if charges are pursued.

Q: Can I be charged with a crime after a dispute with my mom over a phone?