Domestic disputes are a daily occurrence in households throughout San Diego.? Although these disputes sometimes escalate into the use of physical force or result in injury, the allegations are frequently made during a turbulent moment in marriages, co-parenting or cohabitation relationships.? The contentious environment in which these allegations typically arise make it difficult to determine whether the allegations are true or an attempt to exact revenge or gain the upper hand in a family court dispute.? While it is a crime to commit assault or battery against anyone, the potential penalties are much higher if the purported victim is someone with whom you share a marital, fianc?, dating or parenting relationship.? Because allegations of domestic violence typically arise out of heated discord in marriages and other intimate relationships, it is hardly surprising that the alleged victim frequently recants domestic violence allegations once time has gone by and tempers have cooled.
Unfortunately, sometimes it is difficult to ?unring the bell? by recanting domestic violence allegations.? Prosecutors are under intense pressure to take a hard line against spousal abuse and other forms of domestic violence against an intimate partner.? Because of this political pressure, prosecutors often pursue domestic violence cases with other admissible evidence, even if the victim recants.? When an alleged domestic violence victim recants, this will weaken the prosecutors case so that it may be easier to negotiate a plea agreement or to have the charges reduced but will not necessarily result in a dismissal of the charges.? The prosecutor will consider a number of factors in deciding whether to pursue the case without the victim?s testimony, including the strength of the remaining evidence, the physical evidence supporting the original allegations (i.e. physical injury), and the prior history of domestic violence allegations involving the parties or the suspect in prior relationships.
The prosecutor will weigh the available evidence to determine whether the case can be proven without the alleged victim?s testimony.? The prosecutor may seek to introduce parts of the victim?s prior written statement using hearsay exceptions, such as those for spontaneous utterances, business records, and statements against penal interest or other exceptions that would allow the evidence from the prior statement to be used.? The prosecutor will also consider the strength of other available evidence, including medical records from treating injuries, picture taken of injuries, testimony from other witnesses to the incident, incriminating statements by the accused, and law enforcement observations.
If you are charged with domestic violence, it is imperative that you obtain prompt legal advice and representation from an experienced Southern California domestic violence defense attorney.? Many people falsely accused of spousal abuse or domestic battery against an intimate partner presume that they have nothing to worry about because the victim has recanted the false allegations.? It is never advisable to simply presume that the prosecutor will dismiss the charges.? Generally, your chances of obtaining a dismissal or a substantial reduction in the charges is to have a skilled and experienced San Diego domestic violence criminal attorney exploit the weaknesses that such recantation creates in the prosecutor?s case.
If you are charged with violating Penal Code section 273.5 (Corporal Injury to a Spouse or Cohabitant) or violating Penal Code section 243(e)(1) (Domestic Battery), experienced San Diego criminal defense attorney Benjamin Theule may be able to avoid significant jail time or obtain a dismissal or a reduction in the charges.? We invite you to call the Law Offices of Benjamin Theule where we fight with tenacity today to protect our clients? rights tomorrow!
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