How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask legalgems Your Own Question
legalgems, Lawyer
Category: Criminal Law
Satisfied Customers: 9903
Experience:  Just Answer consultant at Self employed
Type Your Criminal Law Question Here...
legalgems is online now
A new question is answered every 9 seconds

My wife and I recently had an argument which escalated to

Customer Question

My wife and I recently had an argument which escalated to the point where I called 911 for separation, and she was charged with misdemeanor battery. This was an extremely isolated incidence of anything getting physical. Her first court hearing is coming up very soon (6/27/16) and we want to do everything possible to prepare ourselves. My wife is diagnosed bipolar, and her treatment has been adjusted recently to help her achieve a state of balance. We have also both been seeing counselors to resolve personal issues better, and have recently begun marriage counseling to improve our conflict resolution skills. We are both very afraid of what legal ramifications may be, and while I have heard from some sources that there is a good chance the charges/case may be dismissed, we have to do everything possible to keep my wife out of jail. In the 1 day she was in custody, she was denied access to her prescribed medication (for her bipolar), and the guards/personnel lied saying they were contacting her doctor for confirmation of the prescription (doctor confirmed, that never happened). What can we reasonably do to prepare ourselves and to hopefully get a favorable response from the court system?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  legalgems replied 1 year ago.

Here is the code that prescribes what the penalty is:

243. (a) A battery is punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail not
exceeding six months, or by both that fine and imprisonment.

Generally for a first offense the person is fined, and therapy may be ordered- ie. anger management therapy,along with community service.

The battery must be willful- so for example, if there was an issue with prescribed medication that can help disprove the necessary element.

I would urge you to contact a criminal defense attorney as they are in the best position to either secure a dismissal, or a plea bargain. An experienced local attorney will have a relationship with the local prosecutors and judges and will know which prosecutor/judge will be most likely to lightly sentence in the case of a conviction.

A concern with a conviction is that it stays on one's record and can also affect future employment opportunities; so money spent on a criminal defense attorney is usually well worth it.

Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  legalgems replied 1 year ago.

And the issue will really turn on who the prosecutor is; if the prosecutor is confident that it was an isolated incident and that the party is seeking counseling they may very well dismiss it; if the victim is not interested in prosecuting, the prosecutor can take that into consideration but is not required to oblige, as legally it is a crime against the person and the state.

Expert:  legalgems replied 1 year ago.

This explains the legal justification for plea bargaining; basically the judge will look to the past behavior of the individual as they will not want to imprison a person that has made an isolated mistake and is taking action to ensure it does not happen again. So an attorney will be sure to present the defendant in a very favorable light and may even request declarations re: character from third parties, or a report from a therapist.

Expert:  legalgems replied 1 year ago.

Checking in on the above; thank you for using JA!