Recently, we represented a young college student who came home to visit Southern California while on winter break from school. Learning she was in town, an ex-boyfriend asked her to dinner, hoping to bring a new spark to an old flame.
The dinner did not go well. Our client rejected her ex’s advances and asked to be taken home. The ex-boyfriend eventually did, but verbally and physically assaulted her while doing so, even taking her phone from her to try to go through it to look for evidence that she may have had a different boyfriend.
Our client defended herself and left scratches on his neck. Seeing what was happening, a neighbor called the police and reported that she witnessed him physically assaulting the client.
However, when the police arrived, they arrested our client because the ex-boyfriend said she assaulted him, and he had scratches on him while she did not have any marks on her body.
No matter how many years an officer has worked in law enforcement, he or she can make a mistake. Our client was charged with misdemeanor domestic violence causing injury because although the client and her ex-boyfriend were not currently in a relationship, domestic violence charges apply to ex-partners as well.
Righting a Wrong
Our client faced up to 364 days in custody and mandatory completion of a yearlong domestic violence education program.
Additionally, California law imposes a 10-year prohibition on owning, using, or possessing a firearm for a person convicted of a domestic violence charge, and federal law imposes a lifetime ban on owning, using, or possessing a firearm for a misdemeanor domestic violence conviction.
Our client retained us, and we quickly went to work. We presented her side of the story to the district attorney, including the recorded 911-call in which the neighbor clearly states that the ex-boyfriend is the person assaulting the client.
With this evidence, the district attorney realized the mistake was made and asked the court to dismiss the case.
The Best Possible Outcome
We strive for the best possible outcome in all of our cases, and obviously, this result could not have been better for our client.
She avoided a misdemeanor conviction and will maintain a clean criminal record. She will be able to remain a student at a well-respected university, and her dream to attend graduate school remains in her future.
Contact the Domestic Violence Defense Attorneys at Wallin & Klarich
At Wallin & Klarich, we know that even the most well-intentioned police officers make mistakes, and many times, innocent people are arrested for crimes they did not commit.
Our attorneys have more than 35 years of experience fighting to get the best result for our clients who are facing domestic violence charges. We are always available to answer your questions and will use all of our legal skills and knowledge to help you receive the best possible outcome in your case.
With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance, and Victorville, there is an experienced and skilled Wallin & Klarich criminal defense attorney available to help you no matter where you are located.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation. We will be there when you call.
