DV

DOMESTIC VIOLENCE CASE RESULTS

Not guilty verdict in the Valencia Courthouse

I recently completed a jury trial in the Valencia Courthouse and my client was found not guilty of the charge of domestic violence on his spouse.  The jury took approximately thirty minutes to deliberate before coming back with the not guilty verdict.  My client was relieved of all other court appearances and will not have to deal with this serious criminal case again.  It was a fitting end to the case to see the jurors waiting outside of the courtroom to congratulate my client for being done with this difficult situation and congratulate me on a job well done!

The jury indicated that the biggest issue that they had with the prosecution’s case, related to the many allegations that the alleged victim made, was not supported by the evidence.  For example, she indicated that my 200 pound client punched her in the face, yet when the police arrived they did not see any injuries consistent with her being punched in the face.  There was a number of other allegations that did not make sense and that the prosecutor was unable to substantiate.

Ultimately, it appears that the jury determined that my client’s wife had become angry with him and in a fit of rage called 911 and made up a bunch of allegations that the police and prosecutors would not let her take back, once she came to her senses.

Van Nuys Courthouse Dismissal – Prosecution dismisses Spousal Abuse charges against client

Client was charged with multiple counts of domestic violence and she indicated that her husband had attacked her and she was simply defending herself during the subject incident.  We set the case for trial and told the prosecutor that our client was innocent and provided a number of key pieces of evidence that supported our client’s version of events.

On the day set for trial, after a complete review of the case and seeing that we were prepared to defend the case all the way through, the prosecutor decide to dismiss the case and our client was completely exonerated of all charges.

SOME LITTLE KNOW FACTS RELATED TO DOMESTIC VIOLENCE / SPOUSAL ABUSE CHARGES IN LOS ANGELES

It is a common occurrence that a person is arrested and charged with spousal battery and their significant other has a change of heart and decides that they do not want them prosecuted and wants to drop all charges.  Unfortunately, this does not have any impact on how the prosecutors handle the case. If they believe the person is guilty of spousal abuse and they have the evidence to prove it, then they will proceed full steam ahead regardless of what the alleged victim says.  Not only that, they will subpoena the alleged victim into court and force them to testify against their significant other.

If a person is convicted of any crime that has its basis in domestic violence, then they will lose their ability to own, use or possess a gun for ten years.  For those people who love their gun rights, this is sometimes a sticking point in the resolution of a spousal abuse case.  The prosecutor and judge are sticklers when it comes to forcing pleas in order to take away people’s gun right who they believe where involved in a domestic violence case.  The California legislature has backed this position up to the hilt and are not likely to change this law anytime soon.

If you are a defendant in a domestic violence case and are relying on your significant other to either change their story or try and not testify against you, there are a number of problems with this hope. First and foremost, the prosecutor will subpoena them to court and if they do not show up, they will sometimes send the police out to grab them after the court issues a body attachment, when they fail to show up to court.  Further, if they change their story, the prosecutors can still get their original statement in through the police who took there statement at the time they came.  This is very effective, because if makes it look like the only reason they changed their story was to try and help you, not because it is the truth about what really happened.

Many times a person really does either embellish their story to the police or down right lie because they are so angry with their spouse.  The problem is that the prosecutors and judges have a hard time telling when someone is lying and when they are telling the truth.  This is where having a seasoned attorney on your side can make all of the difference in the world for the defense of your case.