A Bellflower Domestic Violence case may be dismissed if the victim has little or no injury and/or it is determined that any injury resulted from incidental or the result of mutual combat between the two parties.
Domestic Violence may be charged as a felony or a misdemeanor under penal code section 273.5 or penal code section 243(e)(1). These offenses carry up to one year in jail as a misdemeanor and up to three years if filed as a felony. The more serious the injuries are for the victim the more likely the matter will be filed as a felony. Broken bones, lacerations requiring stitches and other traumatic injuries may result in a felony filing.
Bellflower Domestic Violence Attorney Will Bruzzo has managed to stop many domestic violence cases from being filed by speaking to the District Attorney prior to them filing the case. This may involve getting the victim to sign a declaration indicating that any physical contact was incidental and/or the victim does not want the case pursued for any reason.
If the case does end up in court Bellflower Domestic Violence Attorney Will Bruzzo can persuade the District Attorney to dismiss the case using the same declaration from the victim or by attacking the credibility of the victim.
Bellflower Domestic Violence Attorney Will Bruzzo has been able to get cases dismissed by demonstrating that the domestic violence incident actually occurred because both parties were hitting each other and thus they are both responsible under a theory of mutual combat as previously mentioned. In order for the prosecution to prove a charge of Penal Code Section 273.5, there must be a visible injury; Penal Code Section 243(e) (1) requires no such injury.
Contact Bellflower domestic violence attorney Will Bruzzo for help regarding domestic violence, spousal abuse or any other Orange County criminal matter at (714) 547-4636.