What to expect at sentencing for felony domestic abuse?

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What to expect at sentencing for felony domestic abuse?

My husband and I got into a altercation. I am very pregnant and overreacted and called the police. I thought they could defuse the situation. I had no idea they had to make an arrest. I thought they could calm each of us each down. They are charging him with a felony. What will happen? The only mark I had was a mark on my finger from the key ring he tried to take out of my hand. No other marks. And no injuries. We have no past record with violence with each other.

Asked on June 9, 2011 under Criminal Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, in many states, especially California, and depending on the situation, presence of other minors, perhaps that you are pregnant, arrest is definite and the extent of the charges will be based on what the prosecution feels could be proved. If your husband did not ever lay a hand on you, and you are not afraid for yourself or your child, you may wish to discuss the matter with your own private counsel to really discuss the matter and see if your counsel feels this is something that could be dismissed. If so, you may wish to then consult with the criminal defense attorney assigned to your husband or hired by your husband and see if a dismissal of charges could be obtained. If your husband has any history of violence (with others and not necessarily with you) or any criminal history, chances are the prosecution won't drop the case but may (again depending on the facts) consider a plea bargain.


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