In California, there are many domestic violence victims. This is a significant public health that affects almost all socio-economic groups. While some victims go unnoticed, others lose their lives as a result. The California domestic violence laws state that it’s a crime to harm or threaten your partner. If charged with a domestic violence case, how can you get the best defense for your claim? If charges are brought against you, the only solution would be to get an attorney. He/she can help you navigate through the process and set the best outcome. However, you need to understand certain precautions to set yourself for the best defense.
What Is Considered Domestic Violence in California
Domestic violence is considered to be a criminal act against an individual who are in a relationship with the assaulter. This can be a domestic battery or injury inflicted on the victim. If you have been charged with domestic violence in California, you can look for the best Los Angeles criminal attorney to help you in your case. There are many consequences associated with domestic violence. You can be put to jail or be forced to serve a prison sentence. More to this, the judge may impose fines and penalties such as:
- Mandatory minimum sentence or jail time: Even if you’re sentenced to probation, you must serve one month in jail at the beginning of your sentence.
- Having a permanent criminal record: The conviction against domestic violence can be accessible to your criminal record, which can have a negative effect on your future life.
- Loss of custody: You can lose your children’s custody if you have been charged with domestic violence.
- Loss of California gun rights: If you are convicted of misdemeanor crimes due to domestic violence, the law may deny your right to own or acquire firearms for a lifetime.
- Payment of restitution in case of medical expenses incurred
- Loss of custody rights
- Non-U.S citizen deportation
Common Defenses For Domestic Violence Charges
When domestic charges are brought against you, your attorney will go through the police report to formulate his/her defense. That’s why it’s essential to get legal help right away. You can defend yourself with the following:
- Prove the alleged act was an accident: In the course of a heated argument, it’s very common for spouses to push each other or to grab an object and to hit the other partner. If you didn’t purpose to do so, that is considered as an accident. An accident is considered to be so if you had no intention to harm, you never acted negligently and that you were engaged in lawful conduct during the accident.
- The act was committed in self-defense: This can be termed as an affirmative defense. You may acknowledge that you committed the alleged crime to defend yourself from harm. For instance, a woman may shove away while avoiding being hit by her husband.
- Having the facts: Sometimes, domestic violence charges may be due to wrongful arrests. If you can only be able to prove that you never committed the violence, you can take your case to court.
- The victim made a false accusation: You can prove that you were accused of false statements. This is possible since your spouse may fabricate the case to be paid. Your lawyer can help establish whether the alleged injuries support your story or whether the story is inconsistent with the crime report recorded.
- Proving the acts was a result of your partner’s behavior: If you can determine that you committed the act due to your partner’s response, your lawyer can assess whether the prosecutor can prove anything beyond a reasonable doubt.
- The police committed investigative errors: Sometimes, law enforcement officers may make errors. For instance, the police may have denied allowing you to speak with your lawyer, or there was no probable cause of the interrogation. Additionally, the police may have done their questioning while you were in custody but never recorded the investigations.
Getting Help From A Criminal Defense Attorney
A criminal defense attorney can be able to convince the prosecutor not to pursue a criminal case or even be able to negotiate a favorable plea bargain to get a lesser charge. The lawyer can also take advantage of jail alternatives. He/she can conclude whether the charges against you are minor or significant and hence gather evidence to reinforce them. The success of your domestic violence case depends on the way you will cooperate with your attorney. Having the details of what is required for defense can make the entire process easier. If you’re not honest with your lawyer, the chances are that your case may see you end in jail. The good thing is that criminal lawyers are always ready to have a free consultation so that clients obtain legal advice needed to lessen or dismiss their charges.