Domestic Battery Case Filing Rejected by City Prosecutor’s Office! No Filing of Criminal Charges on a Penal Code section 243(e)(1) Offense!

Our client was recently arrested for an alleged violation of Penal Code section 243(e)(1), “Domestic Battery” involving an incident with her husband. Our client was quickly released on bond and our office was hired shortly after the incident. After meeting with the client, attorney Steve Escovar believed the best course of action was to gather equitable documentation on behalf of our client to present to the prosecution to seek a “no filing” of criminal charges. Given that our client had no prior criminal contacts, was gainfully employed, had sought couples counseling, and had very strong character letters on her behalf, we believed that a “no filing” of criminal charges was the appropriate resolution of the incident.

Our office was able to identify the city prosecutor that was tasked with evaluating the case for criminal filing and we sent the equity package to this prosecutor directly. We also supplemented our equity package with documentation showing that a Department of Children and Family Services (“DCFS”) allegation of child abuse and/or neglect was unfounded.

After the city prosecutor’s office reviewed the documentation and the facts of the underlying case, the prosecutor’s office concluded that no criminal charges would be filed at this time!

This is a great result for our client! After the one-year statute of limitation for filing charges has lapsed, our client will be able to petition the court to seal her record of arrest!

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


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