According to TMZ, Mel Gibson’s taped comments may have indicated that he punched his ex-girlfriend Oksana Grigorieva. Grigorieva recorded a telephone conversation where Mel Gibson allegedly made certain inflammatory comments. Gibson is allegedly heard telling Grigorieva that “You need a (expletive) bat to the side of the head.” Grigorieva then says, “You were hitting a woman with a child in her hands. You! What kind of a man is that, hitting a woman when she’s holding a child in her hands? Breaking her teeth, twice, in the face. What kind of man is that?” Mel Gibson then replies by saying, “You know what, you (expletive) deserved it.”
If it is proven that the audio recording is true and that Mel Gibson is the person being recorded, the prosecution may use the recording as evidence to charge Mel Gibson with domestic violence. The manner in which the conversation was being recorded may also indicate that Grigorieva was attempting to set Gibson up. Grigorieva previously filed a complaint against Gibson for domestic violence. The case was being investigated before the tapes were released.
Normally, it is a crime in California to record a phone conversation without the consent of both parties. See California Penal Code Section 632.5. This crime is considered to be a “wobbler.” This means that the prosecution has discretion to charge the crime as a felony or a misdemeanor. A misdemeanor conviction is punishable by a fine of up to $2,500 and imprisonment in county jail for up to one year. A felony conviction is punishable by the same fine and imprisonment in state prison for up to three years. However, there is an exception to this rule if the recording is made by one party for the purpose of obtaining evidence relating to a domestic violence case. See California Penal Code Section 633.5. The recording becomes admissible in a criminal prosecution for domestic violence. It seems that the prosecution will be closely examining the tape recordings and determine whether they will file charges against Gibson.
If your or a loved one is facing a charge of domestic violence, it is important that you speak with an experienced domestic violence attorney. At Wallin & Klarich, our Southern California domestic violence attorneys have over 30 years of experience in defending the criminally accused. If you are in a similar situation and had your phone conversation recorded, our attorneys are highly knowledgeable in the domestic violence laws and can inform you on whether a tape recording was lawfully recorded and admissible as evidence. We will look at every fact of your case in detail to provide you with the best possible defense and to get you the best possible result. Call us today at (888) 280-6839 or contact us through our website at www.wklaw.com. We will be there when you call.
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