Will I serve jail time for hitting my husband?

There are a number of possibilities, including you doing jail time. There may also be other options depending on the facts of your case, including probation, deferred entry of judgment, diversion, and, if the facts warrant it, dismissal of the criminal complaint. The arraignment is the beginning of the criminal process. At your arraignment, you will plead either guilty, not guilty or no contest to the criminal charges. I strongly suggest that, prior to your arraignment, you consult with an experienced criminal defense attorney in person and explain the full circumstances of your arrest to him/her.

If he goes to the DA and says he does not want to pursue the case they will blow him off. "It's not YOUR case, it is the People of the State of California vs. Your Wife. So the way to get rid of it, if he wants to help you out, is for him to get his own lawyer. I am assuming you have a lawyer. Then his lawyer contacts the DA (not him, his lawyer does this) and tells the DA that his client (hubby) will take the Fifth Amendment if called to testify. What that really means is that he cannot testify as the report reads because, as you say, they have omitted certain things and embellished others - so if he testifies as the report reads he will be perjuring himself. Alternatively, if he testifies contrary to the report he will be putting himself in a position to be charged with filing a false police report. So he is damned if he does and damned if he doesn't.

Once the police was called the case is out of both you and your husband's hands. Now you will need to hire an attorney to defend you in court. It is too late now to recant. Prosecutors are trained to deal with recanting witnesses, because the fact is in most DV cases the couple reconciles. In other words, don't expect the charges to be dropped just because you two are on good terms now. You need to hire a lawyer before you make more mistakes, such as speak to the wrong people and give interviews. Remember that cops are expert in twisting your words around, no matter what you say. The only person you should be speaking to is your lawyer. You have the right to remain silent, exercise it!

Domestic violence cases are handled differently than other criminal cases. Because the victim in a domestic violence case often will change their mind the DA will try to keep the defendant in custody as long as they can. They will look for evidence that does not depend on the statements of the victim such as cuts or bruises. They will also see if there are other witnesses to the incident. In short they may or may not file the case based on your husband?s recantation of his statements at the time of the incident. With the information you provided you case sounds like a misdemeanor. At your arraignment you will be read your rights and told the charges against you. You will be asked if you plead guilty or not guilty. If you plead not guilty you will receive a court date to come back and talk with the DA. Most likely as you bailed out you will not be taken to jail if you plead not guilty. If you plead guilty your sentence is most likely one year summary probation and completion of anger management classes. Your best course of action is to see if the case is filed and if it is get an attorney.

I cannot give you a full answer. It depends some what on the police report, the DA and what can be proven by witnesses. The arraignment will involve reading you the charges and telling you that you have the right to a lawyer. It should not result in additional bail.

There is a wide range of potential punishment for domestic violence charges. It can run the gamut from no jail time to 4 or more years in prison. It really depends on the facts of the case and your prior criminal history, if any. You don't have a history and it doesn't sound like the facts are in any way egregious, so I think no jail time is a realistic expectation. At arraignment, the judge is just going to officially inform you of the charge(s) that have been filed and ask you how you plead. Do not plead guilty. You should not do that without an attorney. If you can't afford to hire an attorney, the judge will appoint the public defender to represent you. If you want to have an attorney of your choosing handle your case, then you can hire a private attorney.

The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, testimony, priors history, etc. The charges determine how much time and fines could potentially be imposed if convicted. In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 12 months in jail, plus fines. You'll learn the actual charge[s] and enhancements filed and get copies of all the police reports, evidence and test results when appearing for arraignment at the first court hearing. At your arraignment, you should plead not guilty and set a PreTrial conference date, nothing else. You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don't like dealing with ProPers, unless you are simply pleading guilty, not defending the case. I can help you fight the criminal charges and get the best outcome possible. 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, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

It doesn't sound like this is a jail case, but it depends on how the report reads in its entirety. The other consequences of a domestic violence case are daunting, however. If convicted, there are mandatory year-long counseling programs you must attend, potential restraining orders, etc. You definitely need an attorney - either one you select and hire or the public defender if you financially qualify and they're appointed by the court.