Three Felony Counts Dismissed! Felony Domestic Violence, Child Abuse, and Assault with a Deadly Weapon Charges Dismissed Per Penal Code section 1385, In the Interests of Justice!

Recently at the Pasadena Courthouse in Los Angeles County I was able to negotiate to a Penal Code Section 1385 dismissal in the interests of justice for our client charged with felony counts of violating Penal Code section 273.5(a) (“Injuring a Cohabitant, Fiancé, Boyfriend, or Child’s Parent”), Penal Code section 273a(a) (“Child Abuse”), and Penal Code section 245(a)(1) (“Assault with a Deadly Weapon”).

Prior to charges being filed in this matter we sent a pre-filing equities package to the prosecution to provide background detail regarding our client and the circumstances surrounding the incident. Although charges were filed in this matter, at the arraignment the prosecution was willing to discuss a future resolution that would potentially involve a dismissal if our client showed mental health treatment, parenting courses, and domestic violence classes.

According to the police reports, our client was alleged to have push, scratched, and hit her boyfriend during an altercation over their relationship and newborn baby. It was further alleged that our client put the tip of a bread knife to the shoulder of her boyfriend and threatened to stab him if he did not give her the baby.

At the time of the incident, our client was suffering from post-partum depression and was under a great deal of stress regarding her newborn baby. Our client enrolled in counseling, domestic violence classes, and parenting courses and greatly improved her behavior and mental health.

We provided the prosecution with a supplemental equities package detailing our client progress in treatment and her steady employment with CVS pharmacy. The prosecution wanted a psychologist’s opinion on our client’s likelihood of recidivism in their decision whether to dismiss the charges. Our client’s mental health therapist opined that she had a very low likelihood of reoffending and detailed that the incident stemmed from her postpartum depression and high stress from parenthood.

At the final hearing on this matter, the prosecution dismissed the charges against our client! Our client will no longer face felony charges or a criminal record from the offense!

DISCLAIMER:

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 Law, APC 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.

Categories: