Penal Code section 243(e)(1), “Spousal Battery,” Charge Negotiated to Penal Code section 242, “Simple Battery” - Formal Diversion Granted for Potential Dismissal in 18 Months!

Recently at the El Monte Courthouse attorney Alexandra Mateus was able to negotiate to a formal diversion resolution for our client originally charged with “Spousal Battery”.

Our client had been charged with violating Penal Code section 243(e)(1), “Spousal Battery,” arising out of a domestic dispute with his wife. After reviewing the discovery provided by the Prosecution, we presented the Prosecution with documentation showing that our client was working, was dedicated to caring for his children with health needs, and had voluntarily enrolled in anger management classes to address his behavior alleged in this incident.

With this equitable documentation, we were able to negotiate to a reduced charge of Penal Code section 242, “Simple Battery,” with a formal diversion resolution for our client. If our client completes fifty-two (52) domestic violence classes and obeys all laws for the next eighteen (18) months, then his plea will be withdrawn and the case will be completely dismissed against him! Since sentencing was put out for eighteen (18) months, according to California law, our client has not been “convicted” of this offense and will be eligible for dismissal and sealing of the arrest record pursuant to Penal Code section 851.91 if he is successful with the formal diversion program!

This is a great result for our client that provides him with the opportunity to have this case completely dismissed if he is successful on formal diversion!

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

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