Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!
Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
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Domestic Violence is physical violence, threatened violence, and abuse which occurs in the following relationships:
Domestic Violence covers a wide range of abuse, including Spousal Abuse and child endangerment. Any threatening or violent act, even if the accused did not intend to harm or compromise the safety and security of the victim, could be grounds for prosecution under the California Domestic Violence laws. Domestic Violence cases are treated differently than other criminal cases. There are designated Prosecutors and special Domestic Violence Units (DV Units) within the Prosecutor's office that stand ready to aggressively prosecute anyone charged with Domestic Violence.
Domestic Violence charges may be filed as a misdemeanor or a felony. How it is filed by the Prosecutor is based on the seriousness of the case. Severe injuries (including severe cuts and broken bones) will almost always be charged as a felony. No injury or slight injury cases will generally be filed as a misdemeanor. Both prior acts of reported domestic violence and the criminal history of the accused may also influence how the case is filed---usually as a felony.
We have seen domestic violence charged as any one of the following:
Misdemeanor Domestic Violence Penalties
In California, you can be arrested and prosecuted for Domestic Violence even if the victim does not want you arrested. In some cases, especially with Spousal Abuse, it is very difficult for the victim to drop charges against the abuser. The Prosecutor can proceed with the criminal case even if the alleged victim decides not to go to court. The Prosecutor is the only one who can drop charges because the victim is merely a witness in a government prosecution.
False accusations and wrongful arrests occur regularly in the Penal Code 273.5 context. The classic situation is an angry or jealous wife or girlfriend. She thinks he's cheating on her. She wants to get back at him. So she creates a loud argument and then calls the police. When the officers show up, she lies and exaggerates and accuses him of having become violent with her. The boyfriend gets arrested and charged with Penal Code 273.5 domestic violence. We can help by making sure that the true facts are exposed in a way that does not prejudice the defendant's case. A victim recanting or dropping the charges can potentially alleviate the punishment or sentence somewhat, however; we must supervise the defendant to make sure he does not threaten the victim into recanting. We will also have one of our investigators assist in bringing out the true facts of the case from the victim and showing that the defendant is innocent. The law regarding domestic violence is complex and highly specialized. This is why it is important that you hire us to defend you. We can successfully defend those who are accused of domestic violence and take advantages of jail alternatives such as counseling and probation. Do not rely on the advice of friends or family members.
Allegations of domestic violence or spousal abuse can be very difficult for the district attorney to prove. Many times, the Penal Code 273.5 PC charge arose out of a mutual struggle in which the defendant acted in legal self-defense. For example, an angry wife may begin punching at her husband, and he has to shove her away to avoid getting punched in the face.
In the course of a heated argument and struggle, it is not uncommon to strike someone or push someone down on accident. This happens all the time. In the chaos of some mutual pushing and grabbing, for example, the boyfriend may strike his girlfriend, but without intending to hit her and certainly without intending to injure her.
Law Offices of David S. Chesley, Inc.
A Professional Law Corporation
4533 Van Nuys Boulevard, Second Floor
Sherman Oaks, CA 91403
Additional offices in the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura.