Domestic Violence Defenses
to California Penal Code 273.5
(PC 273.5)

Summit Defense attorneys include former prosecutors who know first-hand that allegations of domestic violence or spousal abuse can be very difficult for the district attorney to prove. The specific facts of each case are unique, so no one legal strategy works every time.

Regardless of the circumstances, our goal is always the complete dismissal of all charges.  Below are some of the issues that we examine when developing a defense for domestic violence cases.

Probable Cause

Did the police have probable cause to make the arrest?  What reasons did the police state and what evidence did they collect when they made the arrest? 

Self Defense

Often, a charge of PC273.5 arises out of a mutual struggle in which the defendant acts in legal self-defense. For example, an angry wife may start punching her husband, and he has to shove her away to avoid getting punched further.  In cases like this, Summit Defense attorneys will determine whether the victim is a credible witness and whether he or she has a history of violent behavior.

Accident

In the course of a heated argument and struggle, it is not uncommon to strike someone or push someone down by accident. Summit Defense attorneys see this all the time. In the chaos of some mutual pushing and grabbing, for instance, the boyfriend may strike his girlfriend — but without intending to hit her and certainly without intending to injure her.  In other cases an object like a dish or cell phone may be thrown in anger and accidentally strike the victim.

False Accusations

Unfortunately, false accusations and wrongful arrests occur regularly in Northern California Domestic Violence courts including San Jose and San Francisco. The classic situation is an angry or jealous wife or girlfriend who suspects cheating. She wants revenge so she creates a loud argument and then calls the police. When the officers show up, she lies, exaggerates and accuses him of having become violent with her. The boyfriend gets arrested and charged with domestic violence under one of the california penal codes such as PC273.5, PC273.6, PC243(e)(1) or PC591.5.

 Accused of Domestic Violence?

Here's how we can help you.

Do not gamble with your future. Accusations related to domestic violence can be devastating to you, your family and your career. Once an accusation is made, it is critical that you have a knowledgable expert on your side.

Summit Defense Attorneys fight domestic violence charges—often resulting in dismissal, acquittal or reduced charges.

Call us night or day today for a free and confidential case review to discuss your options.

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