My ex was arrested and is charged with domestic violence and sexual battery on me...what kind of "sentence".

Question

might the judge impose??? both charges are misdemeanor and he has no prior record...........why aren't the charges felonies??? i've never had anything like this happen before to me or anyone i know........i'm in CA......just want some idea.....

Answer 1

they decide what level of charges it is (class ABCD misdemeanor, class ABCD felony) based on the circumstances of the crime.  For example, simple B&E is a misdemeanor but if there is a human in the residence when you break in, it's automatically a felony.

And, unfortunately, the judge has the right to impose whatever type of sentence he desires.  He doesn't have to follow the standard unless the law states that the particular punishment is compulsory...

It sounds like you want him to be punished to the fullest extent.  If that is the case, show up to his hearing.  If you don't show up, the judge is more likely to be lenient on him.  Think about what set him off and you can request that the judge tailor his punishment to suit the circumstances.  For example, if he was just pissed, you can request he be made to attend anger management classes.  If he was drunk or on drugs, you can force him to go to drug counseling.

Whatever you do, don't accept "I'm sorry" for an answer.  If you absolutely MUST go back to him (and I suggest you don't because that's like condoning his behaviour), don't do it until after he has finished some kind of counseling and shown for like six months afterwards that he is in control of himself.  The most important thing in a situation like this is to show him that this is unacceptable and you will not tolerate it.  If every woman left at the first sign of violence, we would have way fewer dead women in this country.