In the San Bernardino Superior Court, Rancho Cucamonga Courthouse, Mr. Escovar represented a client who was charged with a violation of Penal Code section 243(e)(1) - Battery on a Spouse. It is a misdemeanor with a maximum jail sentence of one year. The police report indicated that our client was upset that her boyfriend was being unfaithful, an argument ensued and she allegedly slapped him in the face.
Since there was no visible injury, she was not charged with a violation of Penal Code section 273.5, since that charge requires a visible injury. Once retained, Mr. Escovar advised the client to enroll in a 52 week domestic violence class. The case was continued for several months since the Rancho Cucamonga court is severely backed up for appearance dates. Once the case returned to the Pre-Trial date and based on our mitigation package and the partial completion of the domestic violence program, Mr. Escovar was able to persuade the prosecutor to dismiss the case. Great result, no conviction and now the matter can be “Sealed” from public access per Penal Code 851.91.
