HOW CAN I BEAT THIS DV CHARGE?
The best way to fight an domestic violence charge is to figure out the "WHY". Why is he or she is lying.
Is there a child custody battle in progress? As you know, an allegation of domestic violence will hurt your chances of being the custodial parent. Are the false allegations an attempt to get revenge for an unfaithful partner? Is the person lying just because they are plain crazy? Are they insanely jealous for no real reason? If the allegation are true, how can we mitigate the harm to you?
At Silva & Silva we are experienced domestic violence lawyers with a successful track record. No lawyer can promise or guarantee an outcome. But what we can promise is that we are really good at what we do and we work hard for our clients.
SOME SUCCESS STORIES
In the (W.A.) jury trial we were able to get the penal code 273.5 charge completely dismissed after we showed the spouse lied to the police.
In the (H.G.) investigation we revealed that the alleged victim had been arrested for welfare fraud.
In the (H.G.) investigation, we showed the alleged victim had a history and practice of lying and making
In the (E.R.) case we got the penal code 273.5 dismissed in exchange for a disturbing the peace charge.
HOW DO WE WIN DV CASES?
How do we win cases? It all starts with a good investigation into the background of the person claiming to be a victim. How do we approach each case? Our philosophy is to try and get each case dismissed, if we can’t get it dismissed then we aim to get it reduced, and if that does not work we then aim to reduce the harm and consequences to our clients.
* On non felony cases we go to court for you so you can go to work.
* We will get copies of all belt recordings and body camera footage.
* Conduct a social media background check.
* Have investigators pound the pavement for statements.
* Keep you informed of the status of your case.
COMMONLY ASKED QUESTIONS
* Will I lose my gun rights?
* Can my job fire me over this?
* Will I lose my children visitation rights?
* What will happen to me if I just plead guilty?
* What are domestic violence classes?
* How can I beat this?
* Do I have to move out of the house?
* How do we prove he/she was lying?
* How do we prove I was set up?
* How do we prove I was acting in self defense?
WHAT IS PENAL CODE 273.5?
(a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision
(b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison
for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment.
WHAT IS PENAL CODE 243(e)(1)?
When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by imprisonment in a county jail for a period of not more than one year, or by both
that fine and imprisonment.
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