Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

My father came after me and pushed me and starting beating me in the face. I attempted to

Customer Question
fight back but he is...
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: 4 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 9 minutes by:
2/4/2013
Criminal Lawyer: Ely, Counselor at Law replied 4 years ago
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,919
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
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.

IMPORTANT INFO: I hope this finds you well. Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Ask Your Own Criminal Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,919
102,919 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

102,919 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
If my husband who was arrested for domestic violence, also
if my husband who was arrested for domestic violence , also has a record with the D.C.Y.F , plus a past domestic violence.. do any have a statue of limitations ? does the dcyf record of abuse towards … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I want to rescind my domestic violence protective order from
I want to rescind my domestic violence protective order from my husband at our final hearing. it is to late if the state has picked it up? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My husband is in jail for domestic violence. What is the
My husband is in jail for domestic violence. What is the usual punishment in the state of California? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
In a domestic violence case, can a DA prove beyond a
In a domestic violence case, can a DA prove beyond a reasonable doubt I, defendant, is guilty if there are no witnesses (none of our 2 kids saw or heard anything), police arrived after it happened, an… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
I have a domestic violence charge against me. Jan 3. 9. Not
not really no one was hurt just a slight shove i have no criminal record… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
If someone was charged 2 counts of battery domestic violence
if someone was charged 2 counts of battery domestic violence 25 years ago can he purchase a gun in the state of fla and and this was hisfirst time in trouble with the law and he serverd only probation… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
79 satisfied customers
My partner filed a domestic violence report but did not
My partner filed a domestic violence report but did not press charges , the police told her they would come looking for me, what should I do … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,276 satisfied customers
Was involved in a Domestic violence case with my wife.
Was involved in a Domestic violence case with my wife.Incident details: Had an argument and accident in the kitchen involving my wife, during which i accidently touched a hot pan her upper chest area … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can I reopen domestic violence case if he is in provision
Second opinion] Can I reopen domestic violence case if he is in provision period now?Background: My husband got arrested in domestic violence case an year ago in November 2016 and case was in proceedi… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can I reopen domestic violence case if he is in provision
Can I reopen domestic violence case if he is in provision period now?Background: My husband got arrested in domestic violence case an year ago in November 2016 and case was in proceedings, His family … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,691 satisfied customers
I was convicted of domestic violence in WA state in 2010.
I was convicted of domestic violence in WA state in 2010. Since then, I have moved to Virginia, and wish to purchase a muzzleloader/black powder rifle to hunt with. It is my understanding that Virgini… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
What are the steps to drop a criminal (domestic violence)
Good afternoon, what are the steps to drop a criminal (domestic violence) case against my ex-boyfriend … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,691 satisfied customers
Domestic violence case in Az, what will writing a letter as
Domestic violence case in Az, what will writing a letter as a victim to drop the charges really do for the case and how often will that actually work? … read more
Ely
Ely
Counselor at Law
102,919 satisfied customers
I was wondering if a domestic violence victim wants to drop
Hi good evening I was wondering if a domestic violence victim wants to drop charges can the state pick up the charges? … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,063 satisfied customers
I was charged with domestic violence and found not guilty.
I was charged with domestic violence and found not guilty. How do I have this sealed. My spouse and I are back together. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My Son was arrested last night for a domestic violence
Hi, my Son was arrested last night for a domestic violence charge, we go to court tmrw, judge said if he plays guilty he can give him the minimum which is a class, and that would keep it off of his re… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
I was arrested for domestic violence charge and the victim
I was arrested for domestic violence charge and the victim lied about what happen but there was a injury to the back of her head, snail gash. I threw my phone and it hit wall and then hit hers head. s… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,255 satisfied customers
Im in tennessee and this concerns a domestic violence charge
im in tennessee and this concerns a domestic violence charge and a pot plant … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x