15 May 3 Ways to Defend a Domestic Violence Charge in California
Domestic violence (DV) is used to classify criminal offenses where violence happened in the home or to someone who lives in your home. It can also be used when there was a charge of violence toward a spouse or significant other.
The charge will depend on the location of the arrest, the accused’s criminal history, the nature of the relationship, and the criminal defense attorney who represents the person who has been arrested or charged. Serious domestic violence cases can be charged as felonies, while less serious ones are usually charged as misdemeanors.
A common defense when it comes to fighting a domestic violence charge is to explain that your actions were done in self-defense. This can usually be proved if you had defensive wounds at the time of arrest or other defensive injuries.
This can also be easily proved if the other person attacked you or has harmed you in any way in the past. Make sure the police record states that the person has harmed you in the past and has used violence against you before.
2. The Other Person Lied
In some cases, spouses and partners can fabricate stories against the other person as revenge or even to get child custody or other benefits in some cases. In this situation, you will need to take steps to show that the other person is lying.
A lawyer or medical examiner can see if the injuries are consistent with the story. For example, the person is saying you hit them, but their injuries might be more in line with falling or slipping. The two versions of the stories told to police might also not match at all.
3. Explain It Was an Accident
Sometimes there can be an accident or fall and the other person will deny that it was truly an accident. This can be the case if there has been violence in the past or if you were fighting when the accident happened.
This is harder to prove. Usually, the two stories from the events told by you and the other party will not be consistent in this case. Your lawyer can use the inconsistencies and other evidence to try to prove it was an accident.
Partnering with a Lawyer
If you’re facing domestic violence charges, consider contacting a lawyer in your area. If you have faced any domestic violence charges in the past or if you are being charged with a felony for domestic violence, a lawyer can be especially helpful with your case.
Contact a Lawyer to Defend your Domestic Violence Charge
Now that you know at least three ways to defend a domestic charge in California, you can begin finding a lawyer to help you with your defense. They can examine the details of your situation and help you build a case.
Find out what approach may be best for you by talking with a lawyer at Crowell Law Offices. Call 916-303-2800 or fill out the contact form below now.