Under California’s domestic violence law, Penal Code Section 273.5, the District Attorney has substantial discretion over whether or not to prosecute a domestic violence charge in Ventura. Even if the alleged victim wishes to drop the charges, the prosecutor may nevertheless proceed with the case if they believe a crime has in fact been committed. It is also important to note that the District Attorney may press domestic violence charges even if a serious injury did not occur.
However, one of our Ventura domestic violence lawyers may succeed in persuading the prosecuting attorney to drop the domestic violence charges completely. In addition, there are many valid defenses to a domestic violence charge. The most applicable example is when the facts point to an instance of mutual combat that occurred during a heated argument. In such a case, if the accused acted in self-defense, he/she can rebut the California Penal Code Section 273.5 violation claim.
Contact the Ventura domestic violence attorneys at Wallin & Klarich toll free at 877-4-NO-JAIL as soon as you have been arrested for this offense or any other crime, so we can help answer all of your questions.