Torrance, Alleged Rape and Domestic Violence, PC 415

Our client was charged with one count of violating Penal Code Section 273.5(a), corporal injury on a spouse, a felony, and one count of violating Penal Code Section 243(e)(1), battery on a spouse causing serious harm, a misdemeanor, and one count of Penal Code Section 242, battery, a misdemeanor, and one charge of Penal Code Section 166(a)(4), willful disobedience of a protective order, a misdemeanor.
In 50 Words or Less:   Torrance, Alleged Rape and Domestic Violence, Negotiated to Disturbing the Peace.
The alleged victim, who legally separated from our client after the supposed incident, alleged that he physically abused her and threatened to kill her several times if she called the police.  Ten days after first calling the police about the incident, apparently because she did not see her husband arrested or any police activity, she called the police again and claimed that our client also raped her.  She then refused to submit to a rape kit test.

Our client was outraged because he never once touched the victim in anger.  The victim’s Green Card was close to expiring, so it seemed probable that she would fabricate domestic violence charges to seek preferred status in her application to permanently reside in the U.S. 

Sadly, this is about the twentieth such case we have seen involving someone seeking permanent residence status claiming domestic violence at the same time, usually in the midst of a divorce.  While many such cases are certainly righteous, some are fabricated and obviously lies by the alleged victim. 

Our client contacted Greg Hill & Associates when he was contacted by a skeptical police officer, advising him that his former wife was accusing him of rape.  The client suspected that the allegation of rape was false, but he wanted to discuss the allegations with our client.  This made our client concerned enough to hire defense counsel.

Greg Hill of Greg Hill and Associates met with the client and discussed the facts.  He then wrote several letters to the Torrance City Prosecutor and the Torrance District Attorney about the contractions and credibility issues in the case.   Indeed, the former wife had a history of drug abuse and even had a criminal history for shoplifting.  Greg wrote both the City Prosecutor and the District Attorney in an abundance of caution, not knowing if the case would be filed by the City Prosecutor as a misdemeanor or by the District Attorney as a felony.

His efforts were successful, as he was able to get the City Attorney to dismiss the protective order charges, as well as the battery charge (Penal Code Section 243(e)(1)) and have our client plead to Penal Code Section 415, disturbing the peace, a misdemeanor.  The felony charge was dismissed as well.  Lastly, Greg Hill was able to have the 52 week batterer program reduced to 13 weeks for our client.   The judge promised our client that upon successful completion of the program and fines, his criminal record will be expunged.

Had our client fought his case at trial and been found guilty of all charges, he faced a maximum of four years in prison. 

For more information about the issues in this case, click on the following articles:
  1.  What Punishment Do I Face for Domestic Violence?
  2.  What Is Rape?
  3.  What is Disturbing the Peace (Penal Code § 415)?
Watch our Video about Domestic Violence by clicking here.

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