Penal Code section 243(e)(1) Offense Set for Trial by Defense and Dismissed Pursuant to Penal Code section 1382 – Prosecution Announced Unable to Proceed! No Jail! No Fine! No Conviction!

Our office was recently retained to represent a client involved in an incident that resulted in his arrest for an alleged violation of Penal Code section 243(e)(1), “Battery on a Spouse/Girlfriend/Cohabitant.”

In the police reports provided in discovery, it was alleged that our client pushed his fiancé during a verbal argument over potty training their toddler child. After hearing our client’s version of the incident and reviewing the 911 calls and audio from the responding officer’s body worn camera, we determined that our client had a strong case for trial. We believed that evidence would show that our client’s fiancé had a motive to fabricate in this matter because she wanted to be able to claim full custody of their three children. We wanted to cross-examine the complaining witness on her allegations to law enforcement, so we set the case for trial without a time waiver and began preparing our client’s defense.

At the 7 of 10 date for trial the prosecution announced that they were unable to proceed and the case against our client was completely dismissed pursuant to Penal Code section 1382. We believe that this was based on the complaining witness’s failure to cooperate with the prosecution, knowing that she had fabricated her story to law enforcement.

This is an excellent result for our client resulting in no conviction and a complete dismissal!

We can help you now! Call now for a free telephonic consultation at 626.577.7700!


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.