I was arrested on Saturday for a argument that I had with my ex-girlfriend on Friday night. She says I hit her BUT I DID NOT. Her 10 yr old son is going along with her story to the police. She has no cuts, scrapes, bruises, scratches nothing. No physical markings of any kind whatsoever. Zero signs of trauma or injury on her face body or person. None. They have charged me with CA PC 273.5A - Corporal injury on a spouse etc. The arresting officer himself said she had no marks, bruises injury etc. How and why PC 273.5A?
You confuse overt physical injury with "traumatic" injury. Read the entire statute and you will see you can be charged even if there are no outward signs of trauma.
Take advantage of the offer of an attorney if you have no money and if you can afford an attorney you better hire one.
How can they arrest you? Because your ex-girlfriend and her son say you did. The DA may see through this and take note of no visible injuries and instead drop the case, charge you with something less or rubber-stamp the officer's recommendation.
You were arrested based on the statements of your ex girlfriend and her son. It is up to the prosecutor to decide whether or not to file charges. You need to either hire an experienced criminal defense attorney or ask for the public defender the first time you go to court.
Based on the report of your girlfriend and her son, and if no marks, etc, were visibile, the charge that would have been appropriate would have been Penal Code section 243, battery on a cohabitant/ person in a specified relationship. The District Attorney does the actual charging after reviewing the police report and is not bound by what the officer booked you in on, but by what the reported facts were. Contact a criminal defense attorney at soon as possible.
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