Blog

Domestic Violence and Recant Cases

One of the Partner’s and owner’s at Beyer, Pongratz and Rosen (David L. Brown, Esq.) , with assistance from Michelle Spaulding and Spaulding and Campi, recently achieved a full felony acquittal in a PC 273.5(a) case.

​A recant case is one in which the victim changes his or her story and testifies that statements to the police were either false or exaggerated. These cases are among the most difficult to defend, because the Court and the Evidence Code both lend high credence to “excited utterances” as hearsay exceptions.

This means that when someone is under the duress of an event, their words are considered more trustworthy than what they say later, after reflection.

If you are charged with PC 273.5(a) (Domestic Violence/Spousal Abuse) call right away and we will immediately evaluate and prepare your defense.