Michael Avenatti Domestic Violence Case
Referred For Misdemeanor Criminal Charge Consideration
November 21. 2018
Michael Avenatti
Last week, disgraced, thieving attorney Michael
Avenatti was arrested on domestic violence charges, regarding
beating and dragging his girlfriend, actress Mareli Miniutti,
inside his condo. The District Attorney’s office has declined to
charge him with felony domestic violence. However, the District
Attorney’s office has referred the case to the Los Angeles City
Attorney’s Office for “misdemeanor filing consideration” on
domestic violence charges.
Felony domestic violence charges are for more
severe injuries, such as choking and repeatedly punching the
victim with a closed fist. For example, in the Chris Brown case,
he repeatedly punched ex-girlfriend Rihanna in the face and
upper body over two dozen times with a closed fist, slammed her
head against the interior of the car, bit her fingers and choked
her to the point she began blacking out. The extent of her
injuries made it a felony.
Felony domestic violence charges also have
“aggravating factors” present, such as the use of a weapon,
serious bodily injury and or sexual abuse. Prosecutors also take
into account whether the perpetrator has a criminal record,
before charging them with “felony“ as opposed to “misdemeanor“
domestic violence.
Avenatti has no criminal record and is accused
of hitting the victim in the face with pillows (which minimizes
bruising and bleeding, and leaves less evidence on the
perpetrator’s hands) and dragging her across the floor, creating
bruises on her body. This type of injury would be more inline
with a misdemeanor charge.
Mareli Miniutti
There is no video of what transpired inside his
condo (though Avenatti keeps trying to use video of outside the
condo, which is ridiculous). This enables Avenatti to deny
everything. However, we don’t know what occurred inside his
condo and she ended up with visible injuries to her body that
match her claims of domestic violence.
Why would she lie about him attacking her. She
is a liberal too, as is Hollywood where she works. She stated he
became enraged over a money dispute and attacked her (and we do
know he is having massive money problems). He told her he did
not want her to work and would take care of her, but now he is
technically bankrupt.
Avenatti was expecting a windfall from suing
U.S. President Donald Trump, on behalf of porn star and stripper
Stormy Daniels, but the judge sided with the head of state.
Judges usually side with presidents. I don’t know what Avenatti
was thinking filing the lawsuit. Such lawsuits are deemed a
nuisance interfering with any sitting president’s ability to do
his job.
Furthermore, only a foolish lawyer would try to
overturn a confidentiality agreement under those circumstances.
Once you sign a settlement and a confidentiality agreement, you
are not supposed to go back on your word. It is dishonest. For a
judge to side with that would mean upending U.S. law and setting
a precedent, which would allow millions of legal settlements and
cases to be overturned. It would totally clog up the legal
system on matters that were amicably disposed and adjudicated by
judges. It would be very unwise for any judge to do such a
thing.
Avenatti also has court judgments against him
totaling $15,000,000, for fraud and non-payment of bills. He
also has to pay his wife alimony and child support and based on
legal documents, they even had a nanny. Items in the public
domain reveal he has owed the IRS millions of dollars, but was
living the high life anyway, which is part of the reason he is
repeatedly in such debt. The man is up to his eyeballs in debt.
Money Avenatti expected to come in has not and
now he is using a presidential run and PAC as a means to raise
money. Considering his track record of dishonesty with money,
who knows where any donated money will end up. The funds will go
to paying his debts and living the high life.
Los Angeles District Attorney's tweet on Avenatti's
criminal case
The man is an abuser. Avenatti’s wife even
stated in sworn court documents that he was abusive via “violent
outbursts” that scared her and their children. How does he
explain that. Miniutti is not alone in her complaints of abuse
against him. There is precedent via his wife that illustrates
he’s a smug, arrogant, cheating, lying abuser (he cheated on his
wife with porn stars, but condemned the president for allegedly
doing the same with Stormy Daniels).
Avenatti also speaks like a psychopath. When a
Senate congressional committee referred his unlawful behavior to
the Federal Bureau of Investigation (FBI) for conspiracy and
lying to Congress, he arrogantly stated he looks forward to
proving his innocence. What innocence. He criminally inserted
himself into congressional hearings that had nothing to do with
him, regarding Supreme Court pick Brett Kavanaugh, by conspiring
with two women to lie that the judge gang raped Julie Swetnick.
Both women have since backtracked regarding
stating Kavanaugh was gang raping women like Julie Swetnick when
he was a minor, because the story was so crazy, implausible and
disproved. No one from the high school knew her. Investigators
could not place her there. She made the whole thing up.
One of the women also told NBC that Kavanaugh
has been “twisting” her words. She denounced him to the press.
Yet he is insanely stating he looks forward to proving his
innocence. He has to be insane to not realize the level of
trouble he is in and the fact that through greedy, self-seeking
acts he has destroyed his name and disgraced his family.
This disgraceful man could have sent a judge to
prison for gang rapes he knows never occurred. That is terrible
and very evil, but it is all a sick, fame seeking political game
to him. It doesn't matter if you are a liberal or conservative,
why would you do such a thing to another human being.
STORY SOURCE
Factors that Affect the Type of Charge
The prosecutor often assesses a number of
factors when determining whether to charge the defendant with a
misdemeanor or felony. He or she may consider the severity of
the injuries that the victim suffered. He or she may also review
any prior reported incidents of abuse by the victim or others
against the alleged abusers. The prosecutor may also assess
whether the defendant has any other prior convictions.
https://www.hg.org
Charges for Domestic Violence Penalties
The difference between a misdemeanor charge and
a felony often depends upon the severity of the injury and
whether the defendant has a criminal history. Many states will
also upgrade the offense if the victim is a child.
http://www.attorneys.com
What Is Felony Domestic Violence?
A domestic violence felony is a crime where one
family or household member commits a serious act of violence
against another resident of the household. Domestic violence
laws are applicable to broad range of relationships, not just
between spouses. Felony Domestic Violence is one of many serious
crimes classed as felonies. Felony domestic violence may occur
between persons who are dating, between parents and children,
same-sex partners, and other residents of the same household.
Domestic violence felony charges are typically
filed as a result of assault and battery between spouses.
However, they may also involve other types of crimes such as
rape, sexual assaults, or kidnapping. “Aggravating factors” may
convert a misdemeanor charge into a felony, such as when simple
assault becomes aggravated assault. A domestic violence incident
is generally classified as a felony if it involves the following
aggravating factors:
Acts of violence that result in death or serious
bodily injury to the victim
Criminal acts directed towards minors, especially very young
children
Violent acts or threats that involve the use of a deadly weapon
(for example, threatening the victim with a knife or gun with
the intent to intimidate them)
Criminal acts that involve forced sexual abuse, such as rape or
sexual assault
https://www.legalmatch.com
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