Legal Question in Criminal Law in California

It depends if your significant other appears inclined to press charges. If so, you should retain an attorney as soon as possible.

www.kianilaw.com

The charges will be whatever the prosecutor files, based upon what he thinks he can prove using the available evidence and testimony. It is his choice, not yours, and not the victim's. Once the police are called for DV and determine 'something' happened, someone is going to be arrested and prosecuted.

I agree with Mr. Nelson. The "charging DA" will read the Police Report and decide what charge or charges are supported by the evidence. I also agree with Mr. Nelson regarding the actions of the Police. When they appear at a DV if they determine that something happened someone is going to jail.

It is important to get an attorney early and be very pro-active regarding these types of charges. Depending on the evidence against you it may or may not take a lot of work to achieve a favorable result. If you have any questions our office handles cases throughout all of California. Feel free to contact us.

Good luck

Whether you are charged with a felony or a misdemeanor (or not at all) will depend upon what the prosecutor believes happened. The number of third-party witnesses is irrelevant. So is whether they saw what happened or merely heard it. After all, in many DV cases there are no third-party witnesses at all.