When most people picture an incident of domestic violence, they tend to think of an aggressive (usually male) partner physically harming a meeker (typically female) spouse or dating partner. While this scenario does happen with relative frequency in households across the country, domestic abuse takes many forms and affects individuals of any gender, age, or socioeconomic status. Moreover, anyone can find themselves facing accusations of domestic violence, even if they do not fit the stereotypical profile of an abuser (i.e., physically aggressive, male, anger management issues, etc.). In some cases, a person can find themselves charged with a domestic violence crime, even though they were simply acting in self-defense. While states like California acknowledge an individual’s right to defend themselves, those who use reasonable force in the name of self-defense can face legal consequences, including criminal charges. However, working with a highly qualified and experienced Los Angeles County criminal defense lawyer is the best way to maximize your chances of obtaining a fair and favorable outcome. Your skilled criminal defense lawyer can help you clear up the misunderstanding and show that the act of alleged domestic violence was merely an expression of self-defense. Let’s take a look at how you can claim self-defense when facing a domestic violence charge in Los Angeles County.
Defining Domestic Violence Offenses in Los Angeles County
First, it’s important to understand how California classifies crimes of domestic violence. Crimes of domestic violence are based on the relationship of the parties, not the offense. Many people are surprised to learn that California criminal statutes do not include a specific “domestic violence” crime. Instead, prosecutors usually charge crimes involving domestic violence as either domestic battery, inflicting corporal injury on an intimate partner or criminal threats. Depending on the circumstances of the case, prosecutors may seek either misdemeanor or felony charges against the defendant. In order to secure a conviction, prosecutors must prove that the defendant intentionally and willfully inflicted physical harm (or threatened to inflict physical harm) on a current or former spouse, cohabitant, co-parent, brother, sister, parent or child or intimate partner. If convicted of either offense, the defendant may face a range of penalties, such as imprisonment, fines, loss of custody rights, loss of gun rights, mandatory participation in anger management classes, and several other consequences. As soon as you know you are facing domestic violence charges in Los Angeles County, contact a skilled and knowledgeable criminal defense lawyer to discuss your options and understand your legal rights.
Self-Defense in Domestic Violence Cases
Arguments between current or former dating partners or spouses can be highly volatile and emotionally charged. Acts of physical violence rarely come out of nowhere—a person may become so overwhelmed and threatened that they lash out however they can without fully considering the potential consequences. California recognizes self-defense as a legal justification for using force against another person, as long as you reasonably believe that you are in imminent danger of being harmed. However, in order for an act to be considered justified as one of self-defense, it must adhere to three criteria: Immediacy, proportionality, and reasonableness. Essentially, you and your criminal defense lawyer must show that the threat of harm was present and immediate at the time of the incident and that the force used in self-defense was proportional to the threat you faced. Finally, you must establish that you genuinely believed in the necessity of using force in lieu of any viable alternatives. Since every incident of domestic violence encompasses its own set of unique details and circumstances, it’s essential to work with your criminal defense attorney to determine how to develop and implement a self-defense strategy in your domestic violence case.
How to Prove Self-Defense in Domestic Violence Cases
As you and your criminal defense lawyer start to explore your options for combating domestic violence charges, you may find that preparing a self-defense claim is a viable defense strategy. Together, you will need to gather and present compelling and convincing evidence that supports your assertion that you acted out of self-defense and concern for your physical safety. Below are a few tips for how to build a strong self-defense strategy against a domestic violence charge in Los Angeles County.
Identifying and Presenting Evidence of Self-Defense
If you are trying to show that you acted in self-defense, you will need to provide evidence that supports your assertion. For instance, you can use witness testimony to prove that your spouse or dating partner was threatening to harm you or was becoming physically aggressive toward you, which prompted you to fight back in self-defense. If your partner has subjected you to acts of violence or threats in the past, you can use this information to establish a pattern of intimidation that you were subjected to by this individual. Your attorney will work with you to identify and present clear and convincing evidence in support of your self-defense position.
Demonstrating Reasonableness and Showing You Had No Alternatives
Your criminal defense lawyer can help you demonstrate that you had no viable alternatives to acting out physically against the aggressor. You can also seek to establish that you retaliated with reasonable and appropriate force because you were genuinely concerned about your safety at the moment.
Maintaining a Consistent Narrative
One of the most important aspects of preparing a successful defensive strategy is maintaining a consistent and clear narrative supporting your point of view. Your attorney will work with you to ensure that the evidence you present and the testimony you provide aligns with your assertion that you acted in self-defense or that you defended another person (i.e., a child) from imminent harm at the hands of the aggressor.
Get Started With a Skilled Criminal Defense Lawyer Now
When it comes to criminal charges, it’s best to act swiftly and decisively to ensure your legal rights remain protected at all times. If you are facing criminal charges in Los Angeles County, contact a knowledgeable and experienced attorney as soon as possible to begin exploring your legal options. Now is not the time to leave your future up to chance—call a dedicated Los Angeles County criminal defense lawyer right away to get started defending your rights and best interests.
Facing criminal charges of any kind in Los Angeles County is a serious matter. You need reliable and effective criminal defense attorney services as soon as possible to ensure your legal rights remain upheld at every turn. Call Wegman & Levin today at (818) 980-4000 to arrange a free consultation with a highly qualified and experienced criminal defense lawyer.
