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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87229
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My father came after me and pushed me and starting beating me in the face. I attempted to

Customer Question

My father came after me and pushed me and starting beating me in the face. I attempted to fight back but he is a is 270 lbs roughly and Im 150 lbs. He is a Corrections officer. He got me on the ground and was choking me with his arm and elbow on my neck I was gasping for air saying stop i cant breathe and he continued and i then tried to scream help me but i couldnt because he was choking me. My mother finally came in and pulled him off of me and he went downstairs. I heard him yelling and thought he was trying to hurt my brothers. So I grabbed a bat and went downstairs and attempted to hit him. He slammed me on the ground spraining my shoulder and continued choking me and punching me in my face. He then was pulled off again and that was the end of it. My question is can I be in trouble to if I contact authorities? What will happen to me if I press charges?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. There may be a slight delay between your follow ups and my replies as I reply.

I am very sorry for your situation.

My question is can I be in trouble to if I contact authorities? What will happen to me if I press charges?

Understand that he is likely going to have a different account which is more in his favor. So it is important that your brothers and/or other witnesses would confirm that your story is more accurate.

If you file charges, then the police would investigate by interviewing all involved and all witnesses and then would send the matter to the D.A. who would make a determination as to whom to charge.

Assuming that the story is believed, then he is very likely to be charged under:

Penal Code 273.5 pc Corporal Injury to a Spouse or Cohabitant; Penal Code 243(e)(1) pc Domestic Battery; and/or Penal Code 422 pc Criminal Threats.

Now, the question is - would you be charged? The answer is likely no if you can show that you were simply attempting to protect your brothers from what surely would have been an assault on them. The subjective part is that the D.A. may or may not believe this. However, even if you are charged with anything above (along with your father), the ultimate decision of whether or not you would be found guilty is up to a jury of your peers, who are generally more sympathetic than the D.A.

So while there is a danger of being charged, provided that you can show that you were acting out of protection, these chances are much less.

You may also request a civil restraining order against your father called a Domestic Violence Restraining Orders. This would help to establish a "history" of proof that he was the culprit and you were simply acting to protect yourself and your loved ones.

Someone in your situation may wish to file for a Domestic Violence Restraining Orders before or at the same time that they file a criminal complaint, thus giving your story more veracity (i.e. you are filing the restraining order, he is not, which shows something).

Good luck.

Surely, you prefer that I tell the truth rather than what you wish to hear. Because it reflects very poorly on me unless you press one of the top three faces, keep this in mind when rating my and please do not punish me for being honest. I understand that this may not be easy to hear, and I empathize.

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