Legal Question in Criminal Law in California

A woman is pressing assault and battery charges because I pulled her hair and she fell to the ground ( I am a male).

I have two priors- domestic violence in 2004 and 2008 and was sentenced probation and anger management classes.

I know I have anger issues, and I have recently attended counseling who referred me to a psychiatrist for medication.

Will they interview me? Arrest me? What sentencing am I facing?


Asked on 7/16/14, 9:28 am

3 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

You should NOT post facts on this website or any other. As a Former Deputy District Attorney and a Certified Criminal Law Specialist, who has been handling these cases for over 27 years, I can tell you that you should NEVER speak with law enforcement and you definitely need to retain an experienced criminal defense attorney NOW. Sometimes, when I get retained early enough, I can assist in getting charges to NOT be filed. Call an expert TODAY, and have a telephone consultation immediately....I wish you well.........David Wallin

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Answered on 7/16/14, 9:40 am
Edward Hoffman Law Offices of Edward A. Hoffman

You should start looking for a good defense attorney right away. As Mr. Wallin says, you should not agree to a police interview if you don't have to -- which you won't unless and until you're arrested. If that happens (which sounds likely based on the limited facts you have provided), you will need a lawyer at the subsequent interview to protect your rights. It's better to find one ahead of time than to start searching while you're in custody.

It's good that you realize you have anger issues. But you had those issues even before you pulled the complainant's hair. Now you are someone both who has anger issues and who seems to have committed a battery. The authorities will care more about the offense than about your psychological profile. That's why you need counsel asap.

Good luck.

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Answered on 7/16/14, 1:46 pm
Terry A. Nelson Nelson & Lawless

You probably face felony battery charges with 'priors' or 'strikes', with prison time potential. Hire an attorney and take a little free advice if not already too late: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or ANYONE about the case except with and through an attorney. That includes on this and other web sites.

If and when charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you or suppressed, can you be convicted, and what can you do?

While this isn't a 'capital case', it certainly carries potential �time�, so handle it right. 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 defend you, 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.

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Answered on 7/22/14, 4:47 pm


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