Defense Issues in Domestic Violence Case Leads to Dismissal Pre-Trial
In San Mateo County my client was charged with domestic violence causing a corporal injury (Penal Code section 273.5, as a misdemeanor) and domestic violence (Penal Code section 243(e)(1)) committed against her girlfriend. My client's ex-girlfriend was no ordinary citizen. In fact, she was an ex-cop! The ex-girlfriend called the police and reported that my client had punched her in the head multiple times and scratched her. The San Mateo Police Department responded and determined that my client was the primary aggressor in the altercation (wherein the ex-girlfriend landed no punches or other strikes). My client was arrested and eventually charged. The District Attorney felt confident about their case – especially because the ex-girlfriend reported that she had previously been battered by my client on at least 10 separate occasions. A police report was made in a prior incident. At the pre-trial conference I tried to resolve the case but didn't get a great offer. Confident that we had defense issues I confirmed the case for trial. Outcome? Dismissed prior to trial.