PC 243 (E) (1) Military husband wrongfully charged by the DA

My husband and I (have been together for 6 years) had a dispute about a month ago he was extraordinarily intoxicated and mad. We were with a bunch of friends and he was incoherently arguing with everyone. The cops were called and immediately threw him on the ground arrested him and told me it was domestic violence out of my hands. My husband is nowhere near an abusive person but does suffer from a drinking problem and has been seeking help for his problem. Even in the police report it states he was fighting with everyone even resisting the police (which certainly doesn't help his case). Any chance you think I could get this dropped to drunk and disorderly or anything similar? Because that is certainly the case here. A DV offense would put a stop to his military career.

Escondido, CA -

Attorney Answers (2)

Niranjan Fred Thiagarajah

Niranjan Fred Thiagarajah

Criminal Defense Attorney - Rancho Cucamonga, CA

The answer depends on a variety of factors, including the county, your husband's prior record (if any), possible witness statements that could be provided in his favor, his service record, etc. I'm fairly sure that the DA will not offer such a charge of his/her own volition, although they may be persuaded to give an alternative charge if the right attorney can convince them. I highly recommend using an attorney (be it public defender or private counsel) to persuade the DA. There's no guarantee that you'll get the result you want, but your chances will be much higher with legal representation.

Matthew Edward Williamson

Matthew Edward Williamson

DUI / DWI Attorney - Monterey, CA

I agree with attorney Thiagarajah's answer and would add that it is possible to fight and beat this charge, in fact there are specific techniques for this exact situation.

I'm not in your area (I'm in California, but Central California bay area, not southern Calfornia so you wouldn't want to pay my travel charges), but if you can afford a good attorney contact Michael Grodsky in the L.A. area - he is VERY successful at these. If he is unavailable call several attorneys - make sure you feel comfortable with them. You'll get a good feel if they know what they are doing.

Good luck with your situation.

Matthew Williamson

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