Torrance, Battery Upon One’s Spouse, “DA Diversion”

In late January 2022, our client, age 33, and his wife, age 30, were amid marriage difficulties.  They had been married less than a year.  They had recently gone shopping at South Coast Plaza and argued about jewelry the wife wanted to buy.  Our client believed the items were too expensive and the wife became believed our client regarded her as “not worth the expense.”  She was angry.

That evening after the two returned to their Torrance townhouse, our client’s wife went out to dinner with her parents without our client.  Our client remained at home, drinking and watching television.  He had two or three beers and went to bed early.

Our client’s wife returned home about midnight and entered the bedroom, where she turned on all the lights, perhaps to annoy our client.  She made more noise than normal, our client believed, and got up.  He announced he was going to leave the house to find a local motel or hotel to sleep in peace.  

In response, our client’s wife threw our client’s wallet and keys toward the bedroom door.  Our client did not like this, so he grabbed a makeup pouch about six inches long, filled with various makeup items used by his wife.  He flung it toward his wife just as she had thrown his keys to the floor.  He did so with the intent to merely throw the bag so it also lay on the floor, to “get even with his wife” for her throwing his keys and wallet to the floor.

Our client’s throw was more well-aimed and hit his wife’s face, although he did not intend to hit her.  He was frustrated and angry and really only wanted to throw it to the floor to reciprocate for his wife’s throwing his keys and wallet.

The wife’s face began to bleed and so she called the police, as well as her parents.  The parents arrived first.  When the Torrance Police Department arrived, our client was already standing outside the townhome with her parents.

Officers immediately notice the blood on our client wife’s face and inquired.  The wife stated she did not know exactly how it happened and denied any other contact, such as hitting, pushing or kicking from our client.

The police then interviewed our client, who admitted to being angry at his wife for turning on the bedroom lights and being loud.  

Our client was then arrested.  His wife was shocked, as she did not expect this.  She did not require medical attention.  She had not grown up in the United States, so her expectations of her husband being in jail with real criminals, such a gang members with tattoos and drug dealers who were violent, as shown on television and movies caused her to panic.

The wife immediately bailed out our client from the Torrance City Jail and the two called Greg Hill & Associates.  Greg discussed the case at length with the wife first and then the husband a few days later.  However, they did not hire Greg Hill & Associates.

On the day of the arraignment, however, the client called Greg Hill & Associates from the courthouse, asking to hire us.  It was already noon and our client said he had spoken with the public defender, but feared he made too much money (he was an investment banker by training, but now working as chief financial officer for a large multinational company).  

He spoke with Greg and Greg agreed to prepare a retainer and be at the courthouse by 1:30 p.m., which he did.

Over the next three months, with the judge’s approval for our client to take two approved batterers’ classes per week, our client completed 22 classes.  Greg also secured a declaration from the victim’s wife further explaining the context of her husband throwing her makeup pouch to the floor, but in the process hitting her.

The Torrance City Prosecutor then agreed to Greg’s suggestion that the case be resolved through “DA Diversion,” which is a slight misnomer for the diversion in this case, which was offered by the Torrance City Prosecutor.

Under the terms agreed to, our client first entered a no contest plea to a violation of Penal Code § 273.5(a) and was placed on one year of diversion (not probation), wherein he was obligated to attend 52 approved batterers’ classes and perform eight hours of community service.