Felony Domestic Violence and Assault: Full Acquittal at Trial

Client was charged with multiple serious felonies—including assault by means likely to produce great bodily injury (Penal Code § 245(a)(4)), domestic violence (Penal Code § 273.5), false imprisonment (Penal Code §§ 236/237(a)), and child endangerment (Penal Code § 273a(b)). The case was strike-eligible and carried significant prison time. We took it to trial. After exposing the complaining witness’s false testimony and discrediting the investigation, the jury returned not guilty verdicts on all counts.

The prosecution alleged that our client attacked his former partner after she visited his home unannounced with their four-year-old child. According to her, the two had planned to meet to discuss co-parenting, but once inside, the client became jealous, body slammed her, choked her unconscious, and then refused to let her leave.

Two neighbors claimed to overhear the altercation and later saw her leaving the home crying with visible bruises. She followed the neighbors to court and filed for a domestic violence restraining order, then sought medical treatment the next day. Law enforcement arrested our client a week later.

This was a serious felony strike case. A conviction could have led to years in state prison. But the case quickly unraveled under scrutiny.

From day one, the complaining witness gave conflicting statements—eight versions before trial, a ninth on the stand. We cross-examined her on each one. We also introduced text messages showing she was pursuing reconciliation, making threats, and accusing the client of sleeping with his roommate. Her credibility collapsed in front of the jury.

The lead detective testified without having reviewed those messages, despite the client’s request that he do so. On cross, we used the detective’s own reports and body cam transcript to show that our client had been consistent from the start and that the police simply chose not to investigate.

We successfully moved to exclude damaging hearsay from the four-year-old and prevented a so-called domestic violence expert from testifying. Most critically, when the prosecutor accidentally opened the door, we got our client’s full statement admitted under Evidence Code § 356—without needing him to testify.

After deliberation, the jury returned not guilty verdicts across the board. Every juror stayed afterward to speak with the defense. Several expressed frustration that the complaining witness was not being charged. One juror embraced our client as he cried in relief.