DV cases are about what is the independent evidence. Photos of injuries, previous alleged DV, witnesses etc. These cases are very fact specific. It is key that you hire the best locally experienced criminal defense attorney to represent you that you can afford. You should obtain a free consultation as soon as possible.
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply
Facts control a case. You need a lawyer to help bring the facts out. Trial is the last option; there may be other ways out.
Not sure who you're getting your information from, but it is not accurate. Most DV cases are he said/she said cases, rarely are there other witnesses to what happened. The prosecute these cases daily in San Diego. Your best defense is an experience local attorney who knows the in's and out's of DV cases and can minimize your exposure.
William Daley (619) 238-1905 / www.lawofficeofwilliamdaley.com
Most DV (and sex cases) are "he said/she said" cases where there are no independent witnesses to the battery or sexual assault. While there may be "independent evidence" of injury (photos, medical evidence, etc) this surely doesn't prove who caused this to occur, whether it resulted from consent and can almost never a sustain a conviction without the alleged victim's live testimony (assuming there is no independent eyewitness to the alleged event). That said, I don't agree with your assumption that juries are very reluctant to convict in "he said/she said" cases; if they were there wouldn't be so many convictions in DV and sex cases. If the alleged victim takes the stand and the jury believes that he/she was battered or sexually assaulted, the jury will convict. There is much a good an attorney can do to undermine the alleged victim's credibility however so it is not hopeless if the alleged victim continues to tell a consistent story. I'm not aware of reliable numbers regarding DV conviction rates in San Diego but even if they exist surely there is an element of self selection where the worst cases result in pre-trial dismissals which skews the "conviction rate". Hire the best San Diego criminal attorney you can afford and allow him/her to investigate the matter and fight for your rights. Best of luck.
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I agree with my colleagues in general but the person who started the case by calling 911 is usually the person the jurors believe. That doesn't mean you can't win but the first one to telephone the police has an advantage, particularly if it's the woman.
Less speculation and more proactivity on your part. Hire the best, locally experienced criminal defense attorney you can afford to protect your interests and decrease the conviction rate!