LACK OF POLICE EVIDENCE
A great deal of domestic violence crimes occur in your own home or in a private setting. Often times these event are triggered by a shouting match which ultimately result in a phone call to the police. Police have an obligation to submit the case to the district attorney office regardless of the severity of the facts. The good news about domestic violence charges is there are several large gaps in the law providing for possible defenses. Evidence such as; witnesses, lack of witnesses, injuries, property damage, 911 call, crime scene matching, and the victim’s desire to prosecute can determine what charges are filed. Having an attorney knowledgable of each element of the offense is critical to breaking down the DA’s case.
Contacting Mr. Christl immediately upon being arrested or shortly after the police have taken your report can have a huge impact on arguing your case to the DA. Mr. Christl will immediately begin review of the evidence to gain an understanding of where there is a lack of police evidence. This information can then be communicated to the district attorney to effectively expose the weaknesses in their case.
CALIFORNIA DOMESTIC VIOLENCE LAW
Domestic violence charges can be filed as misdemeanor or felonies. The decision rests with the district attorney and depends upon the extent of the victim’s injuries and the background of the accused. Penal Code Section 273.5(a) states: Any person who willfully inflicts injury resulting in a traumatic condition (wound, internal or external injury, whether minor or serious) upon a spouse, former spouse, cohabitant, former cohabitant, finance, mother or father of the offender’s child, or someone holding themselves out to be the husband or wife, is guilty of the crime.
BATTERY AGAINST SPOUSE
Penal Code Section 243(e)(1): Battery committed against a person whom the defendant is cohabitation, defendant’s child, former spouse, dating or engagement relationship. Battery is the unlawful touching of another person without their consent. No injury is necessary.
RESTRAINING ORDER VIOLATION
Penal Code Section 166: Willful disobedience of the terms as written of any process or court order.
Penal Code Section 422: Any person who threatens to commit a crime which will result in death or great bodily injury to another, with the specific intent that the statement be taken as a threat, is so unequivocal, unconditional, and immediate, and specific as to convey to the person threatened, a gravity of purpose and immediate prospect of execution of the threat, and thereby causes that person to reasonably be in sustained fear. (Even if there is no intent of actually carrying out the threat.)