Legal Question in Criminal Law in California

Felony assault charge doesn't fit ''crime''.

my husband was arrested last night and booked on a felony assault, spousal abuse. I told the police I didn't want to press charges, I also told them that I had not been hurt, they disagreed, (scratch on neck and small bruise where necklace rubbed skin) I also told them that my husband has a mental illness, (manic depression, diagnosed) but that he had been showing signs that there may be other problems, (possibly schizophrenia or borderline personality disorder) they said they would probably put him on a 72 hour lockup to diagnose the problem, but they have put him in jail instead. I need to know if there is any way to get the current charge lessened or changed so he can be placed in a hospital because where he is now will not help him, may even damage him, and his outburst itself stems from his mental problems and for no other reason. As far as what actually occured before the police arrived, I would rather speak to someone about that either over the phone or through email.


Asked on 4/03/06, 1:26 pm

4 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Felony assault charge doesn't fit ''crime''.

If you are in So. Cal you may call me for a free consultation. I have a great criminal lawyer on staff.

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Answered on 4/07/06, 1:03 am
Steven Mandell Law Offices of Steven R. Mandell

Re: Felony assault charge doesn't fit ''crime''.

You find yourself in a very difficult, uncaring system, which thinks it knows better than you what is best for you. Your desire to help your husband help himself may or may not get communicated effectively unless you have a lawyer who is skillful and dedicated to seeing that justice is done, rather than that a case is resolved. I would consult with 1 or 2 criminal lawyers in your area. Most criminal lawyers give free consultations. I do, and I'd be happy to talk to you. Please let me know if you'd like to talk to me. Good luck. Steve Mandell

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Answered on 4/03/06, 1:54 pm
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: Felony assault charge doesn't fit ''crime''.

Spousal abuse/battery cases are almost always charged as a felony by the arrestting officers. That does not mean that the DA will prosecute it as a felony. The largest majority of these cases are reduced to misdemeanors. Please contact Mike Navarro at [email protected] and provide a telephone number so he can contact you.

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Answered on 4/03/06, 2:31 pm
Terry A. Nelson Nelson & Lawless

Re: Felony assault charge doesn't fit ''crime''.

Even with a good lawyer, he faces real problems and penalties. Without one, your wishes will be disregarded entirely on the theory that you are threatened by him into such request. Contact me if interested in having private counsel and doing it right.

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Answered on 4/03/06, 4:00 pm


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