Pages

Wednesday, September 25, 2013

LOVE on Trial-Jury finds client NOT GUILTY of domestic violence battery and false imprisonment charges!


After a two day trial my client was found not guilty of domestic violence battery resulting in traumatic injury and not guilty of falsely imprisoning his then girlfriend and now mother of their child.  The jury deliberated for three hours before returning a verdict.  The victim testified at trial that she exaggerated allegations she made against my client and that all he did was pull on her purse to get her attention.  The deputy district attorney tried to suggest she was lying because she did not want the now father of their infant child in trouble.

The prosecution called the responding officer who testified to the victim’s original allegations and played recordings of her statement to him.  However, she was extremely calm and deliberate when she spoke to the officer.  I was able to impeach the officer’s testimony in several areas, most significantly he claimed my client made admissions that he NEVER made.

The decision to go to trial in this case was not an easy one because the District Attorney made a very reasonable offer that involved no jail and dismissal after 12 months.  If my client lost, he had exposure of two years in jail, fines, classes and loss of gun rights.  The jury made the right decision.