Legal Question in Criminal Law in California
domestic abuse
my son and his girlfriend were arguing. She said she slapped him
He got angry and put his fist through her drive side car window. She was close to the glass and got cut by the glass. Neighbor called the police when he heard glass breaking. son helped her get glass out of her face. Police came - took him for 48 hours (I just found out). She told them she hit first - they said may be misdemeanor
what is your thought on this?
3 Answers from Attorneys
Re: domestic abuse
Son and girlfriend should not talk to police any more. Son is in trouble. Son could go to jail. Son should get lawyer.
Re: domestic abuse
Your son and his girlfriend both have some problems. First any type of strike or hit is generally considered a battery. Your description if accurate indicates both parties committed battery upon each other. Your son's girlfriend when she slapped him and although he did not actually hit her he also committed a battery when he put his fist through the car window. His battery will be found due to two issues: (1) A automobile can be considered an extension of the person who is driving it or in it and therefore his punch is the same as though he punched the individual, Second since the glass from the window cut her the result of which is from his punch and is the same as though he hit her. Although he tried to help her afterward it will not remove his actions. It may mitigate the penalty but not that much. Your son's situation will depend on a few different things. First he needs an attorney to represent him regarding this arrest, next he should not speak to the Police without an attorney present and if his girlfriend wants to help him she also should NOT talk to the Police without an attorney present. Next his age and his prior record could effect the outcome. If he is a minor and they charge him as a minor his record will be cleaned up when he becomes 18. If he is an adult then his record will reflect the outcome that occurs and an attorney will be able to help and assist him with dealing with the possible options he has available upon a conviction or plea. Good luck and get your son an attorney.
Re: domestic abuse
Both your son and his girlfriend could be in trouble for battery or domestic violence if they lived together. Neither of them should be talking to the police. While they might think they are helping themselves by talking it is absolutely guaranteed they are doing just the opposite.
A misdemeanor conviction here might still mean jail time and a criminal record which will have consequences for the future. A lawyer is absolutely necessary. If your son and girlfriend cannot afford private counsel they will be entitled to services by public defender.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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