Can I be arrested for a battery charge? 11 Answers as of July 20, 2011

He's saying I slapped him and that he went back to the station and they took pictures of his face and he's pressing charges, but the police already were called out and let us both go home.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You wont' be arrested unless a complaint is file and a warrant issued for your arrest. It depends on the county. If you think it is a good likelihood you might want to contact an attorney before that happens.
Answer Applies to: California
Replied: 7/20/2011
Alanna D. Coopersmith, Attorney at Law
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
It is possible for battery charges to be filed against you, even though the police didn't arrest you at the time.
Answer Applies to: California
Replied: 7/19/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The police do not have to cite someone out or arrest them at the time of the incidents. They can make an arrest or issue a summons after they do an investigation. If you get notice that you are charged then you need an attorney.
Answer Applies to: California
Replied: 7/19/2011
A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
You could be charged with battery. If the police filed a report with the District Attorney regarding the incident it will be up to the filing District Attorney to decide whether there is enough in the report to charge you with battery or possibly something else. If they decide to charge you with battery or any other charge they will send you a letter in the mail with an appearance date which you are ordered to appear in court on the matter. You can also call the police department and see if they sent the report to the DA. If a report has been filed against you, you should speak with a criminal defense attorney right away.
Answer Applies to: California
Replied: 7/19/2011
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
You could still be charged with battery depending on the county you live in. The process is that the police prepare a report. They send the report to the District Attorney's office. A deputy in that office reads the report and decides whether to file charges. It's totally up to the Deputy DA whether charges are filed or not. In smaller counties like Humboldt, the report is read closely and more than half the time, a complaint is filed if the Deputy DA thinks the case can be proven. If the Deputy DA does not think the case can be proven, or if the complaining witness is recanting her testimony, or if the Deputy thinks the matter is not worth bringing the court, you will never hear anything. If a complaint is filed, quite often you will be sent a letter telling you when to come to court. You can also call the court clerk to see if charges have been filed. In larger counties, many of the small domestic violence cases without permanent injury are not being filed due to budget constraints. This, again, is at the discretion of the DA.
Answer Applies to: California
Replied: 7/19/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    CAN they charge you? Of course. They may think they can convict you. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? A little free advice, if it is not too late: exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone about the case except an attorney. Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. You can hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. He will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 7/19/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    Yes. You can still be arrested even up to a year later for a misdemeanor battery charge. It is a good sign you were not immediately arrested, but don't assume that is the end of it. I suggest speaking to a lawyer immediately to see what can be done.
    Answer Applies to: California
    Replied: 7/19/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    The police will likely prepare a police report and submit it to the district attorneys office and it is the DA's office that will decide whether you will be formally charged or not. If the DA does file they normally will send you an appearance letter to appear at your arraignment.
    Answer Applies to: California
    Replied: 7/19/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Can you be arrested? Potentially. The DA may or may not file charges against you. If they do file, they will let you know to appear in court one way or another, either by sending you a letter to appear or by having an arrest warrant issued for your arrest.
    Answer Applies to: California
    Replied: 7/18/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    You might not be arrested but the District Attorney, or more probably the City Attorney (depending on the facts) may bring charges and send you a letter in the mail telling you about your court date. But this procedure all depends on the county you are in, etc.
    Answer Applies to: California
    Replied: 7/18/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes you can. Get a lawyer before you incriminate yourself any further. Your attorney should be present at all times if you are ever questioned/interviewed.
    Answer Applies to: California
    Replied: 7/18/2011
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