Domestic abuse allegations occur in different circumstances. Domestic violence may pertain to assault and battery, spousal abuse, or violation of a restraining or order of protection.
Keep in mind that it is not necessary for an accused to cause bodily injury to the victim to be charged with domestic abuse. Some are not aware that there are criminal cases that are classified as misdemeanors.
Charges of domestic violence in California are generally filed as either a misdemeanor or a felony offense. A misdemeanor offense may be aggravated if the offender intentionally committed family violence and has used a firearm or any deadly weapon to harm the victims. The infliction of physical injury on the victims of domestic violence is the dividing line between these two degrees of severity.
Since the accused offender would take the burden of the repercussions if the prosecution fails, the defendant should consider their risk tolerance after the defense counsel has given them a reasonable estimate of their likelihood of succeeding. Experienced Gold River criminal defense attorneys may negotiate with the prosecutor to give a favorable plea bargain based on the facts and circumstance of the criminal case.
To avoid being convicted of domestic abuse, it is important to hire a defense attorney as soon as possible. You will need legal help from an attorney who knows how to put together a defense plan that will offer the best possible outcome of preventing a conviction.
Trying to negotiate with the prosecutor will result in lower charges or, in some cases, the case even being dismissed. Depending on the circumstance, defendants that are charged with violent crimes may claim that there is no physical contact that took place or no injuries are present. Testimonials of medical experts that will analyze the evidence and claims of the alleged victim are often used to justify this claim.
Note that even if the accused successfully persuades the jury that there was no bodily harm, the case is not necessarily over. The jury may still find the defendant guilty of simple assault on a partner. That is if it is found that unprivileged contact occurred.
If you have been accused of domestic abuse in California, you have several options to consider when defending yourself. Consult with our Gold River criminal defense attorneys who will study your case and fight for you.
Act of self-defense
In certain cases, the suspected perpetrator was the survivor who tried to protect himself, causing the attacker to be injured. Because of the physical injury sustained by the attacker, the real victim may be charged with domestic abuse. It is not uncommon for such an attacker to make a false accusation to avoid contributing to their moral responsibility for initiating violence.
Even if the attacker experienced relatively greater serious injury, the defendant could argue that he or she has used fair and justifiable force in response to the assault, and therefore should not be convicted of domestic abuse.
When a police officer arrives at the scene of suspected domestic abuse, they often make quick decisions given the volatile setting. After responding to a domestic abuse report, some police departments compel their officers to make an arrest. They may make an arrest based on obvious injuries, without regard for the possibility that self-defense took place.
Unfortunately, in abusive relationships, a violent crime involves both parties. As a consequence, mutual fighting is a normal occurrence. Mutual combat happens when neither side may be considered the true abuser under state law.
Here, both parties threatened to use or used physical force to hit or try to kill each other, and therefore share nearly equal responsibility in the confrontation.
Since both the alleged victim and defendant are involved, neither side should be charged with domestic abuse. There could be, however, other related criminal offenses such as disorderly conduct, drug possession, child endangerment, and the like.
Domestic abuse charges are mostly a he-said/she-said case, whether it is real or inaccurate. The majority of domestic abuse happens between family members or intimate partners behind closed doors. There are only a few witnesses in a domestic violence case, unlike in a robbery, burglary, or a hit and run case.
Additionally, when witnesses are present, they are usually minors or are individuals lacking neutrality due to a prior intimate association with both parties. As a result, a common defense to domestic abuse is reasonable doubt based on the legitimacy of the witness.
In criminal proceedings, claims must be proven beyond just reasonable doubt. After reviewing the evidence, if the jury decides that it is equally probable that the person accused committed and did not commit domestic abuse, an acquittal is likely.
In the absence of sufficient evidence, such as physical injury, domestic abuse allegations are not easy to prove.
Consult with our Gold River criminal defense attorneys
Hiring a criminal defense lawyer is recommended to avoid fines and penalties that come with a criminal conviction. A good criminal defense attorney can effectively advise you on your legal options. To achieve a favorable result, you would need a competent criminal attorney who is knowledgeable with the most successful strategies. To avoid being convicted of domestic violence, we can help.
Contact our Gold River criminal defense attorneys at The Chastaine Law Office to defend you from false allegations.