RadarOnline.com is reporting that Prosecutors are ready to file criminal charges against Actor Mel Gibson for hitting his ex girlfriend and mother of his young daughter, Oksana Grigorieva early last year.
The Los Angeles District Attorney has apparently granted Gibson’s criminal lawyer a last-ditch meeting late Tuesday afternoon, as she sought to persuade authorities not to charge the actor with any type of criminal domestic battery or abuse in a felony capacity.
In California, domestic violence can be categorized as a felony or a misdemeanor depending on the extent of the violence and type if injury. As long as you had a relationship with the aggressor , in California, you are protected under the Domestic Violence Act to be free from physical and emotional abuse.
If the District Attorney believes the very serious allegations told by Grigorieva, then they can charge Gibson with felony domestic violence or corporal injury which could land Gibson in jail for up to four years if convicted. These cases are usually only filed by the District Attorney in very severe matters where a victim has been badly beaten or a child is involved. If the injuries include broken bones and lacerations felony charges will usually be filed. Here, a Prosecutor must prove that Gibson willfully inflicted a traumatic injury on his former partner.
If on the other hand Gibson is charged and convicted of a misdemeanor battery or corporal injury/domestic violence, Gibson could face up to one year in county jail. The Prosecutor must be able to prove Gibson used force or violence against Grigorieva with whom he had a relationship with in the past.
You may recall, Grigorieva has claimed Gibson punched her in the head in the beginning of 2010 at his Malibu mansion, knocking out two veneers on her upper front teeth while she held their then-infant daughter, Lucia.
We all saw photographs on the internet depicting damage of some sort to Grigorieva’s mouth, a broken tooth, a cracked veneer on her upper front teeth and what appeared to be bruises on her face. Grigorieva says Gibson inflicted those wounds and the pictures are her proof.
In a sworn declaration in the family law matter, Gibson later confessed slapping Grigorieva during an argument, but denied ever hitting her.
Explosive audio tapes also circulated on the internet which caused the feuding ex lovers to become international news and featured a man sounding like Gibson ranting, raving, panting, using racial slurs and telling Grigorieva “you f*cking deserved it” after she accused him of hitting her among other superlatives and vulgarities.
When prosecuting criminal domestic abuse cases, past history will almost always be part of the legal battle. Prosecutors will try to show a pattern of domestic abuse and try to convict Gibson of abusing his ex girlfriend and inadvertently even their young daughter who was allegedly caught in the physical altercation while Grigorieva was holding her. California law is strict on domestic violence offenders. If convicted, Gibson will have to undergo counseling, community service, pay fines, endure public humiliation and possibly serve jail time! Stay tuned as this may become the ultimate fighter match inside the California Courts in the days and weeks to come.