DEFENSES TO DOMESTIC VIOLENCE CHARGES ( PC § 243(e)(1) &PC § 273.5)
One of the most common misconceptions about domestic violence charges is that if the alleged victim doesn’t want to move forward with the case, the DA will drop it. Unfortunately, that’s not true. Once an arrest has been made, the DA’s office can prosecute, even against the victim’s wishes.
Whether or not the alleged victim wants to press charges, you need to be prepared even before the first hearing to fight these charges and get the best possible result.
A smart, aggressive criminal defense attorney can help you in key ways, such as meeting with law enforcement before the first court date to persuade them to drop the charges. (Often, the police arrest first and ask questions later. But sometimes all it takes to get the police to drop a case is for us to present our client's side of the story).
There are a number of ways to defend against a domestic violence charge, including:
False Accusation. Unfortunately, many times, "victims" of domestic violence have fabricated their claims, whether out of revenge, jealousy, anger, or even to gain a leg up in child custody proceedings. In these situations, you need a skilled criminal defense attorney to demonstrate that the victim is lying. If you've been falsely confused of domestic violence, we can help. Call us now at (213) 377-6102.
Self-Defense/Defense of Another. One of the most common defenses to a domestic violence charge is self-defense. If the other person attacked or threatened to attack you first, and you used reasonable force to prevent him or her from hurting you, you have a valid self-defense claim. To use an example from a jury trial that Attorney Veronica Barton recently won, if your ex-girlfriend is on top of you in your car attacking you with a pair of scissors, and you choke her to get her to stop, you have a valid self-defense claim. Call us now at (213) 377-6102 to discuss using self-defense/defense of another to win your domestic violence case.
Accident. Another common defense to domestic violence charges is that you injured the other person accidentally. For example, if you throw a remote control at the wall in anger during an argument, and it bounces off the wall and hits the other person, your lack of intent to hurt the other person is a valid defense. Call us now at (213) 377-6102 to talk to one of our attorneys about using accident as a defense to get your domestic violence charges dismissed.