Our client was initially charged with attempted premeditated murder for a domestic violence incident involving his ex-girlfriend. She claimed that he strangled her to the point where she passed out. He denied choking her and said he simply restrained her after she attacked him.
If the client had been convicted of attempted murder he would be facing an automatic sentence of life in prison. Our defense team was able to consult a medical expert who reviewed the file and found the alleged victim’s claim that she was strangled inconsistent with the medical evidence which showed no red marks on her neck and no other medical signs consistent with her claim.
Prior to trial the district attorney dismissed the attempted murder charges believing they were more likely to be successful charging our client with corporal injury on a cohabitant and assault with force likely to produce great bodily injury. Although we were relieved he was no longer facing a life sentence these charges still carried a potential of 8 years in prison and a felony conviction.
At trial, the alleged victim’s story began to unravel after she admitted during cross examination that she was the person who started the physical confrontation after she became upset with our client’s infidelity. Our client then testified in a clear and concise manner and explained how the alleged victim’s story was untrue and how he only held her in order to restrain her from hitting him. We finished by introducing the testimony of our medical expert and the testimony of a witness who had been attacked by the alleged victim in a separate incident in order to show the alleged victim’s character for violence.
After a very short deliberation of about an hour the jury acquitted our client of all counts. In the end the story that he had told us all along was found to be credible by the jury. After the trial the judge told us that she also believed our client should have been found not guilty and that she did not find the da’s case credible. Our client was able to achieve a great result going from potential life in prison to completely clearing his name.
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At Wallin & Klarich, our attorneys have more than 38 years of successful experience in helping people like you defend themselves against criminal charges. Our dedicated and knowledgeable team of attorneys is ready to help you, too.
With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance, and Victorville, there is an experienced and skilled Wallin & Klarich DUI defense attorney available to help you no matter where you are located.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation. We will be there when you call.