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If you have been charged with domestic violence in Fresno County or anywhere else give me a call.  As an Attorney with more than 14 years of experience helping people in domestic violence cases I have the experience to help you through this.

In an earlier blog I described the difference between Felony and Misdemeanor domestic violence.  and I will discuss her generally the elements of Domestic Violence that the  prosecutor will have to prove in order to find you guilty of this crime.  

The prosecution will have to prove that you inflicted corporeal injury on victim and that the victim was either your spouse or person that he or she was cohibitating with

fiance or previously had a dating relationship.  the mother or father of his or her child.  

coroporeal injury resulted in a traumatic condition.

 

DID THE ACT OR INJURY SUBSTANTIALLY LEAD TO THE TRAUMATIC CONDITION?

For example you may have intended to strike your spouse or dating partner but not necessarily to cause the person to suffer an unintended injury.  Regardless, it is your direct physical act that was the cause of the or a substantial cause of the traumatic condition.  suffered by your spouse.  or dating partner.  

If you pushed your intimate partner down and the the person fell and broke his or her arm or even ankle.  your act was substantial factor that led to the injury.  It may not have been your intention to break the persons arm.  or to suffer a sprained ankle, but your act of pushing them is a substantial factor in them suffering the injury. 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: (559) 295-0391
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