Penal Code § 273.5 Domestic Violence Charge Dismissed!

Penal Code § 273.5 Domestic Violence Charge Dismissed!

Recently, at the West Covina Courthouse our office obtained a dismissal on a Penal Code section 273.5 charge. Our client was originally charged with two counts: Penal Code section 273.5 (Domestic Violence Injuring a Spouse) and Penal Code section 243(e)(1) (Battery) arising out of an incident with her husband of over thirty years.

We presented a mitigation package to the District Attorney’s Office and worked with the Deputy District Attorney assigned to prosecute the case to divert the charge under Penal Code section 1001.51.[1] The Judge handling the matter was reluctant to divert the case given the charges but, after strong advocacy, we obtained a pre-plea dismissal under Penal Code section 1385, a complete dismissal!

Effective advocacy and persistence achieved a great result for our client.

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The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar & Avila, LLP or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.

 

[1] For the full text of the statute see:

http://codes.findlaw.com/ca/penal-code/pen-sect-1001-51.html

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