Legal Question in Criminal Law in California

That is not a mandatory jail time charge, but the real answer depends on what type of deal you reach with the prosecutor, or if you win at trial in the event you win at trial.

The fact that your spouse wants to drop the charges has no bearing on the case. The decision to dismiss or take a case to trial rests with the prosecutor, not the victims and witnesses in the case. The fact that the prosecutor has increased the offense from a misdemeanor to a felony tells me that a dismissal is unlikely.

Is there any reason you are not discussing these issues with your attorney?

The problem is the conviction. It will be on your record the rest of your life. You need a professional to fight for you.......David

When talking about domestic violence charges, police and prosecutors vigorously prosecute those cases, even over the objection of the victim, and their tearful recanting and claims of �mistake� or �misunderstanding� about their repentant, apologetic abuser. They long ago grew tired of seeing the victims drop charges, only to be found later abused, beaten to a pulp or killed by the same abuser.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.