All Huntington Beach Cases heard at the West Justice Center, 8141 13th Street, Westminster, CA 92683-4576
Being intoxicated is not a defense to domestic violence offenses as it is a general intent crime. Also, because the victim is intoxicated at the time of the incident rarely helps the client. However, if a declaration from the victim is submitted to the District Attorney in Huntington Beach indicating he/she does not want to pursue the case or the physical contact was minimal, then the District Attorney may elect not to file.
Domestic Violence may be charged as a felony or a misdemeanor under penal code section 273.5 or penal code section 243(e)(1). These offenses carry up to one year in jail if filed as a misdemeanor and up to three years if filed as a felony.
Huntington Beach Domestic Violence Attorney Will Bruzzo has managed to stop many domestic violence cases from being filed by speaking to the District Attorney prior to them filing the case. This may involve getting the victim to sign a declaration indicating that any physical contact was incidental and/or the victim does not want the case pursued for any reason.
If the case does end up in court Huntington Beach Domestic Violence Attorney Will Bruzzo can persuade the District Attorney to dismiss the case using the same declaration from the victim or otherwise attack the credibility of the victim.
Huntington Beach Domestic Violence Attorney Will Bruzzo has been able to get cases dismissed by demonstrating that the domestic violence incident actually occurred because both parties were hitting each other. This is called mutual combat and can result in the case getting dismissed on the grounds that both parties are at fault. Contact the Law Offices of William W. Bruzzo for any domestic violence case at (714) 547-4636.