Domestic Violence Charges Dismissed

September 2015

Our client was arrested concerning an alleged Domestic Violence incident that occurred three weeks earlier. The alleged victim, his girlfriend, also sought an Emergency Protective Order. Our client works as a counselor for a City of LA sponsored program that assists reformed gang members in changing their lifestyle. The alleged victim claimed that during one argument, the defendant threatened to kill her and walked into their kitchen retrieving a large knife. She further alleged that in the presence of their young daughter, the defendant grabbed her, put the knife to her throat and told her he would kill her himself. According to the alleged victim, the defendant then pinned her down and told her she was not leaving with their baby before slamming her against the wall several times causing blurred vision and a headache. Finally, the victim recorded the victim wherein he apologized and stated he was ashamed for his behavior. However, in the recording, our client did not admit to any of the allegations made by the victim and believes the alleged victim used this incident as a way to deprive him of custody of their young child. Our office mounted an aggressive defense and Attorney Kian R. Magaña contacted several witnesses who cast doubt on the credibility of the alleged victim. After preparing a substantial mitigation package that also called into question the credibility of the alleged victim, the District Attorney continued to push the case so Mr. Magaña prepared for trial. On the day of trial, the DA announced unable to proceed and charges were dismissed.

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