The answer is yes, in many cases. Domestic Violence charges are some of the toughest cases to defend because prosecutors are very aggressive in pursuing the allegations. Most District Attorneys understand that these cases are capable of becoming more serious if they are left alone so they go after them with great vigor. The major reason for this is what I call the “OJ Simpson effect”. This is a phenomenon that proliferated after the famous criminal case in Los Angeles where OJ allegedly killed his wife following many instances of domestic violence that went unprosecuted. The result, many believe, was the death of Nicole Brown Simpson. After this case DA’s got much more aggressive in the filing and prosecution of DV cases throughout L.A.
Despite this, cases involving domestic assault can be successfully resolved if handled properly. Attorney Matthew Ruff has been very successful in getting unjustified charges dismissed in his 25 years of practice. Below is the docket of a criminal case in Torrance Court alleging Penal Code 273.5 as Count 1 and Penal Code 243e1 as Count 2. After a thorough investigation Matthew uncovered the fact that the alleged victim, the defendants wife, lied to Police about the incident. Matt got a statement from her admitting that she lied. When the case was set for trial the DA announced unable to proceed and the Court granted Matthew’s motion to dismiss all charges.
Many cases, such as the actual case shown above, can and should be dropped because the allegations were false. True, there are real cases where people, both men and women, are victims of violence in a domestic relationship. However, there are a substantial portion of cases where the allegations were made in anger, spite or were motivated by a pending divorce and are simply untrue. In these cases justice demands that the charges be dropped.
Matthew Ruff is a Top Tier Rated Domestic Violence Defense Attorney in Los Angeles.