Domestic violence charges don’t occur in a vacuum. Physical contact is rarely one-sided, with the assailant attacking while the victim does nothing. Our instinct is to respond physically to defend ourselves against an attacker, sometimes striking back accordingly. Unfortunately, they sometimes make the wrong assumptions and arrest the wrong person. Therefore, it’s not uncommon for someone to be charged with domestic violence when they are defending themselves against their partner. Navigating this situation is challenging and complex. On one hand, you were simply trying to protect yourself in the heat of the moment. Wrong assumptions can also be reinforced if your partner decides to “play the victim” to shield themselves from scrutiny. Nevertheless, if you were truly defending yourself in terms of domestic violence charges.
Let’s discuss the legal strategies for Defending Domestic Violence Charges in CA.
Strategies for Defending Domestic Violence Charges in CA
Let’s delve into the Strategies for Defending Domestic Violence Charges in CA
- Self-Defense: If the accused person acted in self-defense to protect themselves from harm, skilled lawyers for domestic violence victims could argue that they had a lawful right to defend themselves, thus mitigating their culpability. Often, accusations of domestic violence arise from situations where you were acting in lawful self-defense.
- Accidental Injury: When facing domestic violence charges in California, one potential defense strategy is to argue that the injury to the alleged victim was accidental. This means the defendant claims that the injury was not intentional but occurred due to an accident. In California, intent plays a crucial role in determining guilt in domestic violence cases.
- False Accusations: Sometimes, individuals may falsely claim Domestic Abuse Allegations out of anger, revenge, or to gain an advantage in legal proceedings.
- Lack of Evidence: The prosecution must present sufficient evidence to prove the defendant’s guilt beyond a reasonable doubt.
- Mistaken Identity: In situations involving multiple parties, skilled domestic violence lawyers can gather sufficient evidence to assert that the accused was mistakenly identified as the perpetrator. Proving the guilt of a different party can call the prosecution’s claims into question, potentially resulting in the dismissal of evidence and the dropping of charges.
- Violation of Due Process: The best criminal defense attorney can challenge any violations of the defendant’s constitutional rights, such as unlawful searches and seizures, coerced confessions, or denial of legal representation. These violations can undermine the prosecution’s case and may even result in the dismissal of charges or the suppression of evidence.
- Consent: In some cases, the acts that led to charges of domestic abuse were agreed upon by both parties. This defense usually works when the physical act is part of a situation or relationship where both people agree to it. It is important to make sure that everyone involved in the action knows and agrees on what it is and how far it goes. Consent can be tricky, and establishing it will depend a lot on how the parties talk to each other and how they have dealt with similar situations in the past.
Wrapping Up
When facing domestic violence charges and claiming self-defense, it’s important to take a thorough, evidence-based approach. Knowing your rights under California domestic violence laws and working with the best criminal defense attorney can significantly increase your chance of presenting a successful defense. While it can be scary to face these charges, it’s important to remember that Domestic Abuse Laws acknowledge the right to self-defense.
At Kareem Law APC, we have a team of the best criminal defense attorneys who can fight for you to protect your rights. Our lawyers have a proven track record of success. Contact us at (888) 506-6519 today and get a free consultation with our lawyers.
