Domestic Violance Law in California

My husband called the police and accused me of hitting him with a belt. I was taken to jail. My husband is 6″0 and 225 lbs. I’m 5″2 and 120lbs. I did not hit him. However I had bruses all over my arms from him pushing me against the wall. The police didn’t even care. I don’t know how and if my huband is actually hurt. My daughter was home and told them I didn’t do it. No one ask me if I could have done it in self defense. They hand cuffed in front of my child. My bail was set at $50,000. I have no previous record and by husband said he did not want me to go to jail What are my rights

Asked on June 7, 2009 under Criminal Law, California

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your husband reported to the police that you hit him with a belt, that is probably sufficient for the police to establish "probable cause" to arrest you for an assualt charge.  Remember, "probable cause" to arrest is a much lower standard than the "beyond a reasonable doubt" necessary to convict.  Therefore, while your daughter's statement and the fact that you had injuries but he did not would be relevant towards your defense once arrested, they are not as immediately relevant to the question of whether you could be arrested in the first place.  Thus, they would tend to negate proof of your guilt beyond a reasonable doubt but would not be sufficient to negate a finding of probable cause that you may have committed the crime.  Moreover, the fact that your husband now does not want to see you prosecuted is helpful, however it presents a tricky statement because if he tries to rescind a sworn statement to the police he could be criminally liable for the crime of filing a false statement.  Nevertheless, it appears that you may have some valid defenses; however, in order to properly utilize these defenses to obtain a favorable resolution of your criminal charges it is necessary for you to consult with and/or retain a skilled criminal defense attorney at your earliest convenience.


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