When the police are called to the scene of a domestic dispute, the likelihood is that someone will be arrested and taken to jail if there is any accusation of a physical struggle – even if it mutual or here was no aggressor. This will lead to the posting of up to $50,000 bail, the arrestee vacated from the family residence, and a no-contact protective order being issued upon the arrestee. This will be devastating to the family environment, the children and the marital relationship.
The DA’s office will then get involved and will go through a decision-making process re charges. The filing DA could file a felony corporal injury on a spouse charge, a misdemeanor domestic violence charge or file nothing at all. The felony charge of corporal injury does not require a substantial injury. It only needs to be traumatic in some way. Simple bruising, lacerations, scrapes, scratches, etc., will suffice. A felony corporal injury charge will have serious consequences such as prison, parole, jail, probation, fines, batterer’s treatment classes, and protective orders. The DA has much discretion in this area and the decision in any given case can vary from county-to-county, court-to-court and prosecutor-to-prosecutor. The final decision will directly affect you and your family’s future.
Thus the importance to consult with and hire a criminal defense attorney who is well-versed in corporal injury cases. An attorney who can contact the prosecutor immediately in an attempt to influence the prosecutor’s decision-making process.