Spousal Abuse in Beverly Hills - Alan Fenster - Domestic Issues in California

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.

Most Famous Case

Mr. Fenster gets results: his diligence, winning attitude, and constant search for that legal needle in a haystack mean free clients, many of whom would be behind bars without his help. Most importantly, although his formidable legal strength is apparent to anyone in the court, his clients see beneath the courtroom show, to an incredibly driven, hardworking man, who puts in the long hours and does whatever it takes, not just to get the job done, but to do the right thing for those he defends.

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9777 Wilshire Blvd.
Suite 900
Beverly Hills, CA 90212
Phone: (310) 273-3661 Fax: (310) 273-1931

If you need to go to trial we are experts at winning cases.

If you need to plead guilty, we will get you the best deal.

Key Practice Areas

Client charged with Sale and Possession for Sale of Marijuana. Police officer testified that he observed a marijuana transaction on the sidewalk outside Client's home. The judge did not believe the officer and a Motion to Suppress Evidence was granted. All charges dismissed. [see Winning a Motion to Suppress Evidence]

Client was charged with sale and possession for sale of 5 pounds of methamphetamine, thus facing a potential 19 years in prison because of the weight enhancement. Case was resolved with probation and one year in the county jail
[see copy minute order].

Client, a medical doctor, was charged with bribery of a police officer. The charge was dismissed after five days of community service. Doctor kept his medical license.
[see copy of minute order]

Defendant, a successful businessman and a non-citizen, arrested with four ounces of cocaine in the center console of his car, along with a scale. If convicted of possession for sale of cocaine he would be deported, plus the prosecutor wanted two years in state prison. After over a year of negotiations, prosecutor agreed to let defendant plead guilty to transportation of cocaine, which avoids deportation, plus spend a few nights in a private jail.

Non-citizen client convicted of Assault with a Deadly Weapon in 1982. Married with two children and living a quiet, law-abiding life, INS discovered the conviction and sought to deport him as an Aggravated Felon. Mr. Fenster successfully vacated the conviction, and INS is now history.
[see copy of minute order]

Defendant charged with felon in possession of a gun. Probation had terminated on the prior felony in 2006. After defendant's arrest on the gun charge, Mr. Fenster went to the judge on the prior felony and had the felony reduced to a misdemeanor, effective 2006. The district attorney on the new charge was very upset, but who cares...since the prior felony was now reduced to a misdemeanor effective before the new case, the new case was dismissed.
[see copy of minute order]

Filipino immigrant, married with three American children, facing deportation because of conviction for assault with intent to commit great bodily injury. Conviction vacated, client is now able to stay in the US. for the rest of his life.
[see copy of minute order]

Successfully vacated three felony convictions for Iranian businessman, thus helping him avoid deportation.
[copy of minute order]

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.