Every relationship experiences some amount of stress, with disagreements arising from time to time. Arguments between spouses or dating partners can become heated, sometimes erupting into shouting matches or explosive alterations. Although many couples are able to work through these disputes with time and effort, others may lead to serious allegations or even criminal charges. While we would like to trust that an accusation of domestic assault is made in good faith, the reality is that one partner may make an exaggerated or false allegation of domestic violence against the other partner for any number of reasons. Unfortunately, even if the allegation turns out to be unfounded or downright false, the accusation itself can wreak havoc on your relationships and reputation within the community. California has imposed harsh and lasting penalties for domestic violence crimes, and it can be difficult to navigate these charges because they often come down to the accuser’s word against the defendant. If someone has accused you of domestic violence in Los Angeles County, you should contact an experienced and highly qualified criminal defense lawyer as soon as possible to discuss your case. The sooner you get started with your attorney, the more time you will have to explore your strategies for defending yourself against these charges. Let’s take a look at some of the most common strategies attorneys use to defend their clients from domestic violence allegations in Los Angeles County.
Elements of Domestic Violence Cases in Los Angeles County
First, it’s helpful to understand how domestic violence cases typically unfold for the accusers and the accused. In most cases, the spouse, dating partner, or co-parent of the defendant reports the alleged act of domestic violence to law enforcement. Or, a domestic dispute becomes so loud and concerning that a neighbor calls the police to break up the incident. Although California law does not refer specifically to one “domestic violence” crime, a defendant may be charged with domestic battery or inflicting corporal injury on an intimate partner. Essentially, prosecutors must prove that the defendant intentionally inflicted bodily injury on a cohabitant, current or former spouse, current or former dating partner, or co-parent. The prosecution may rely on the accuser’s testimony and the accounts of any witnesses to make their case. They may also use text messages, social media posts, or other forms of evidence to paint the defendant as an aggressor and abuser. Those convicted of domestic violence-related offenses will face significant penalties, such as potential imprisonment, costly fines, probation, and other restrictions on their future and freedom. Since so much is at stake, it’s essential to work with a highly skilled Los Angeles County criminal defense lawyer to help you fight these charges.
Defense Strategies Against Domestic Violence Charges
Facing accusations of domestic assault can be devastating and stressful, especially when you know that your accuser is exaggerating or fabricating the allegations. Before you assume the worst, call an experienced Los Angeles County criminal defense lawyer to discuss the details of your case and explore your defensive strategies. Depending on the circumstances of your situation, your attorney may select from any number of strategies to keep your future as bright as possible.
Disputing the Charges Based on Lack of Evidence
Many domestic violence cases hinge on the accuser’s word against that of the defendant. Your attorney will work to uncover and highlight inconsistencies in the accuser’s testimony or rely on witnesses and other evidence of the accuser’s history of telling falsehoods or making baseless accusations. For example, your lawyer may use a medical expert to interpret the alleged victim’s X-rays or medical documents in a way that differs from the accuser’s account of their injuries. Or, your attorney may be able to show that the prosecution failed to satisfy one or more of the legal elements of the domestic violence charge. Without sufficient evidence or cause to prove your guilt beyond a reasonable doubt, the case may be dismissed.
You Acted in Self-Defense
In California, a person has the right to defend themselves in the event of imminent danger of injury or death. Your attorney can help to show that you acted out of genuine concern for your physical safety at the time of the incident. For example, if your spouse was threatening to harm you and you pushed back or used physical force to defend yourself, your attorney can use this information to defend you from domestic assault charges. As long as the force you used is considered to be reasonable and proportionate to the situation, a self-defense claim may be a successful legal defense strategy.
Mistaken Identity
In some cases, poor lighting can lead the victim to misidentify the perpetrator. Your attorney may be able to use evidence to establish your alibi during the incident or show that the victim is mistaken in their identification of you as the defendant. Showing that there is a reasonable doubt as to the perpetrator’s true identity may lead to the dismissal of the case against you.
Violations of Your Constitutional Rights
When California law enforcement officers place someone under arrest, they are required to inform them of their constitutional rights. If the arresting officer failed to read you your Miranda rights or tell you that you have the right to remain silent and contact an attorney, this could invalidate the case. Talk to your criminal defense lawyer to determine whether your legal rights were violated and, if so, how you can use this information as part of your defense strategy.
The Time to Act is Now
If you are accused of domestic violence, you may assume that you can explain your way out of the situation and show that the incident was just a misunderstanding. However, making such attempts to explain yourself can end up making things worse, as your statements can be manipulated and used to strengthen the prosecution’s case against you. Now is not the time to leave your fate up to chance—call a dedicated and experienced Los Angeles County criminal defense lawyer today to get started.
Domestic violence charges in Los Angeles County often carry severe penalties. If you are facing a domestic violence charge, contact Wegman & Levin as soon as possible by calling (818) 980-4000 to schedule a free consultation with a dedicated and experienced criminal defense lawyer.
