Legal Question in Criminal Law in California

Rights of Self-Defense Domestic Violence Felony

Without going into too much detail, I was afraid of the safety of both my son and myself when my wife was thrashing about. My son was standing between us. She hit me twice and I pushed her away, fearing she would hit my son. She fell and hurt her wrist. What are my chances that I will get the charges dropped if she is not pursuing filling charges. Will I have to go to jail for protecting myself? I have no prior trouble with the law.


Asked on 3/27/00, 7:35 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Rights of Self-Defense Domestic Violence Felony

If as you say you responded to her hitting you, and the push was not so hard as to be excessive, you should have an excellent defense. If you wife admits her part in the incident, the DA may be willing to dismiss the charges.

There is also the availability of Domestic Diversion. This is program in which the party attends classes on anger management and marital relationships. This may be a good option, particularly if both you and your wife attend the classes.

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Answered on 3/31/00, 1:38 am


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