We just represented a client of ours through trial and he was acquitted of a misdemeanor charge of violating PC 273a(b). His daughter accused him while testifying (she was 13 yo by trial, 12 yo on DOI) of punching her in the face “with a closed fist” leaving a scar and then wrapping a rope around her neck so she couldn’t “swallow her saliva.”
She said very clear on multiple occasions that he punched her with a closed fist and it left a scar. She also testified that when my client had that rope around her neck he said, “para que te mueros!” I am doing this so that you die.
The officer testified that her lip injury was consistent with a punch to the face or repeated strikes with a hard object. One look at the photos and our argument to the contrary was enough for reasonable doubt as the injury was much more consistent with a single strike from a hard object; despite what the arresting officer claimed.
Our client testified that what actually happened is that his daughter had a melt down and that during his putting her in a time out she was so hysterical that she injured herself. It was not intentional and it was an accident.
The jury returned a verdict of – NOT GUILTY
We persevered because of a lack of corroborating evidence and because of preparation and smart decisions at trial. For instance, we fought tooth and nail to avoid additional charges being added to the Complaint both on the eve of trial and during trial and WON on those objections.
Preparation, knowing the law, and quick on our feet – Having the right attorney makes all the difference!