Practice Areas

Spousal Abuse

Los Angeles Domestic Violence Attorney - Spousal Abuse • Domestic Assault and Battery

In the aftermath of the O.J. Simpson trial, prosecutors in the Los Angeles area and throughout California have been more willing to bring felony charges of domestic assault and battery, even when the alleged victim does not wish to press charges.

If you are charged with spousal abuse or injurious assault against an ex-spouse, girlfriend, boyfriend, or family member, the Law Offices of Alan Fenster can provide the skilled and aggressive defense necessary to keep you out of jail or minimize the consequences.

Call our Beverly Hills office at 310-273-3661 to schedule a free consultation.

Successful Defense of Spousal Abuse and Domestic Violence

Conviction for domestic assault and battery in California, depending on the extent of injury, calls for a state prison term of two to four years, or a county jail term of up to one year. Los Angeles County criminal defense lawyer Alan Fenster explores all possible defenses to clear his client's name through a jury trial or motion to dismiss charges, or to achieve the best outcome for a guilty plea.

A common scenario after an assault is reported is that the spouse or relative does not want the alleged assailant to be prosecuted. Unfortunately, prosecutors will still push for a conviction, particularly after the deadly outcome of O.J. Simpson's pattern of assaults on his ex-wife. If the victim refuses to testify, prosecutors will try to introduce previous assault complaints against the defendant made to police or other individuals. Prosecutors frequently threaten victims with contempt of court charges to compel them to testify.

Alan Fenster has successfully invoked a recent Supreme Court case (United States v. Crawford) in defending clients against domestic battery charges. In Crawford, the Supreme Court held that hearsay testimony (i.e. "My daughter told me that her husband beat her"), including uncorroborated hearsay reported to police cannot be entered into evidence in most criminal prosecutions. This exclusion makes it more difficult to pursue spousal abuse cases where the spouse does not want to prosecute. Mr. Fenster has used this important ruling to prevent the state from forcing the alleged victim to testify, and to keep damaging testimony out of court. In the best scenario, charges are dismissed. At worst, the prosecution has less ammunition at trial.

If the victim wants to press charges (or is forced to testify), Alan Fenster has the experience to employ many other effective defenses to prevent conviction or gain leverage for a plea to lesser charges, such as misdemeanor assault or disorderly conduct.

Contact the Law Offices of Alan Fenster to schedule a free consultation with a criminal defense attorney who has more than 30 years of experience. Call our Beverly Hills office at (310) 273-3661.

Alan Fenster represents clients in Los Angeles, Beverly Hills, Santa Monica, Culver City, South Bay, Glendale, Pasadena, the San Fernando Valley, and elsewhere in California as needed.