DOMESTIC VIOLENCE

LACK OF POLICE EVIDENCE

A great deal of domestic violence crimes occur in your own home or in a private setting.  Often times these events 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, and this is where having a high-caliber defense attorney is key.  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 experienced defense attorney who is knowledgeable of each element of the offense is critical to breaking down the DA’s case.

Based in Newport Beach, CA and serving the greater Irvine, CA and Orange County area, Mr. Christl should be contacted immediately upon being arrested or shortly after the police have taken your report to have a huge impact on arguing your case to the DA.   As your defense attorney, 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, mother or father of the offender’s child, or someone holding themselves out to be the husband or wife, is guilty of the crime.