Legal Question in Criminal Law in California

Corporal Domestic Violence

I have no past violent record and i have been charged with corporal domestic violence, Do you have an idea of what sentence i will get for that? And how can i fight it if there is no evidence and i'am not guilty?


Asked on 7/30/01, 4:50 pm

6 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Corporal Domestic Violence

Plead not guilty and go to trial. Please call me directly at (619) 222-3504.

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Answered on 7/31/01, 6:23 pm


Houman Fakhimi Fakhimi & Associates

Re: Corporal Domestic Violence

DV cases charged under PC 273.5 are fought very hard by DAs. One reason is that there are garnts which the departments need,a nd the other being the OJ saga. Anyways you need to go to court prepared to fight these cases, be it the extent of injury or the statements made. If convicted a 273.5 can be a strike on your record. Make sure to contact an attorney before court.

Houman Fakhimi, Esq.

(877) 529-4545

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Answered on 7/30/01, 8:09 pm
Steven Mandell Law Offices of Steven R. Mandell

Re: Corporal Domestic Violence

It's too early to be talking about sentences, because you have to get past the question of your innocence, as your letter implies. Your question indicates a lack of understanding about the nature of the system, and that is a good thing since it is your first time. But, you should definitely consult with a criminal lawyer in your area BEFORE you go to court. Most criminal lawyers give free consultations. If your case is in LA, don't hesitate to call me for a free consultation. Tel: 310 393 0639

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Answered on 7/30/01, 8:19 pm
Victor Hobbs Victor E. Hobbs

Re: Corporal Domestic Violence

You fight the matter by forcing the District Attorney to conduct a trial. You don't plead guilty and submit yourself to a misdemeanor conviction being on your record. If you do, you'll probably only initially suffer going to a class on anger management and three-year informal probation. However, if you own a gun or ever want to own a gun you can kiss that right goodbye. If you're a police officer, in the military on active duty or reservist, you can kiss that career goodbye thanks to Bill Clinton. And if they should violate your probation you are subject to a hearing by a judge and not a trial before jury and judge. The D. A's burden of proof at the probation violation hearing is a preponderance of the evidence (think of it as 51%), and not beyond a reasonable doubt (think of it as 99%) as it is in a jury trial.

Remember they couldn't convict O. J. at 'beyond a reasonable doubt' but they did convict him at with the 'preponderance of the evidence.'

I tried one of these cases in front of a female judge that was formerly the D. A. in charge of spousal abuse. Half way through the trial I realized the judge was helping the D. A convict my client on a very defeasible case that I should have been able to win. So picking the right judge is very important.

Don't roll over on this and plead to the charge without thinking it over very carefully. Sometimes the D. A. will make you a very different offer if you make him/her go to trial. I call it playing chicken with the D. A. When they are really busy and have a weak case, the new offer may be to a different charge and acceptable.

Seek a good attorney to assist you, or if you don't have any money have the court appoint the Public Defender.

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Answered on 7/30/01, 8:29 pm
Jerome Goldfein Jerome Goldfein

Re: Corporal Domestic Violence

There are two phases of a criminal case. Guilt or innocence and IF guilty, what is the appropriate punishment. So, the first issue to be faced is whether or not you are guilty and if so, of what offense. I see other attorneys have answered your inquery. If you are charged in Orange County please call for a free consultation or visit my web site at www.goldfeinattorney.com

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Answered on 8/03/01, 12:18 pm
Barry Sands Barry Gerald Sands- Criminal Defense Lawyer, Inc.

Re: Corporal Domestic Violence

SIR:

U NEED A LAWYER !! U MUST FIGHT THIS UNFOUNDED CHARGE...SEE ME @: WWW.BSANDSLAW.COM CALL FREE: 310-201-0909..CONSULTATION

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Answered on 7/31/01, 8:36 am

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