Relationships between dating partners and spouses are inherently complex. Most couples encounter their fair share of arguments and disagreements, most of which can be resolved with time and productive communication. However, some arguments can escalate to the point of chaos, causing someone to act in a way that they later regret. Unfortunately, a heated argument can be misconstrued and lead to a domestic violence charge against you, even if you know the allegations against you are false or exaggerated. While many survivors of domestic violence have credible grounds to accuse an abuser of a criminal offense, not every “victim” tells the truth. Sadly, someone may bring false allegations of domestic violence against their spouse or partner as an act of vindication or manipulation. If you are facing a domestic violence charge in Los Angeles County, it’s essential to enlist the help of a trusted and experienced criminal defense lawyer who will defend your legal rights and keep your future as bright as possible. Depending on the specifics of your case, your attorney may be able to have the charges against you reduced or even dismissed altogether. This post will explore domestic violence charges in California and the legal strategies you and your lawyer can use to push back against these allegations to preserve your freedom and future.
Domestic Violence Offenses in California
First, it’s helpful to understand how California prosecutes crimes relating to acts of domestic violence. While there is no criminal statute that uses the term “domestic violence,” prosecutors usually use Penal Code sections 273.5 and 243(e)(1) to bring charges against a defendant who has allegedly caused or threatened harm to a partner, spouse, family member, or household member. Essentially, the acts that most of us consider to be domestic violence (such as kicking, hitting, threatening, or harming another) fall under criminal codes governing domestic abuse, spousal battery, spousal abuse, and corporal injury on a spouse. It’s important to recognize that you could face a domestic violence-related charge even if the incident did not cause physical harm to the alleged victim. Emotional manipulation or coercive control are considered acts of domestic abuse, as they aim to control another person’s autonomy and limit their independence. Most of these offenses are considered misdemeanors, which means they are punishable by up to one year in county jail, up to $2,000 in fines, and probation. In some cases, the charges may escalate to felony offenses, punishable by several years in prison, costly fines, and other significant restrictions to your freedom and future. Regardless of whether the charge you are facing is a misdemeanor or a felony, it’s critical that you work with a trusted and experienced Los Angeles County criminal defense lawyer to maximize your chances of obtaining a fair and favorable outcome.
Legal Strategies to Have a Domestic Violence Case Dismissed
Depending on the specific factors of your situation, it may be possible to have the case against you dismissed. Prosecutors must believe that the case has enough evidence to move forward, or else they may decide that it is not worth the time and resources to bring this case before the court. Although it’s not always possible to have domestic violence charges dropped, working with a knowledgeable and highly skilled criminal defense lawyer maximizes your chances of securing an equitable outcome. Below are just a few of the legal defense strategies that your attorney may pursue when seeking the dismissal of the charges against you.
Credibility of Witnesses and Quality of the Evidence
Since most instances of domestic abuse occur in private, many domestic violence cases come down to the defendant’s word against that of the alleged victim. Your attorney will examine the victim’s testimony and look for inconsistencies or falsehoods, which may undermine their credibility. If the alleged victim has a history of lying, exaggerating, or making false accusations, you can use this to weaken their claims against you. Witness testimony can be unreliable, and your attorney can use other forms of evidence (i.e., the victim’s medical records, text messages, social media posts, etc.) to poke holes in the victim’s account of the events.
You Acted Out of Self-Defense or While Defending Another
In some cases, a person may act in self-defense or in defense of another person. For example, you may believe that you or your child is in danger of imminent harm at the hands of your spouse or dating partner, prompting you to lash out and strike them in order to keep you or your child safe. Your attorney may be able to help you establish that you acted out of self-defense and that your actions were reasonable under the circumstances.
False Accusations
As important as it is to believe all victims, the truth is that false allegations of domestic violence can and do happen. Personal vendettas, child custody battles, and other underlying motives can cause someone to make an accusation in bad faith. Your attorney can help you gather evidence of the false nature of the allegations in order to have the case against you dismissed.
Now’s the Time to Protect Your Future
Even if you know that the accusations against you are false, you need to take legal action right away. If you are facing a domestic violence charge in Los Angeles County, contact a skilled and trusted criminal defense lawyer as soon as possible to discuss your options. Together, you can identify the most strategic path forward to keep your future open and bright. Now is not the time to leave your fate in the hands of chance—get started with a seasoned criminal defense attorney who will uphold your legal rights and protect your best interests at every turn.
If you are facing domestic violence charges in Los Angeles County, you need reliable and aggressive legal representation as soon as possible to keep your future bright. Call Wegman & Levin today at (818) 980-4000 to schedule a free initial consultation with a skilled and experienced criminal defense lawyer.
