4 Defense Strategies after a Domestic Violence Allegation in California

Posted on: April 5th, 2021 by Dod Law

California state prosecutors take domestic violence allegations seriously, and they will present an aggressive case to attempt to convict defendants in these cases. Convictions can lead to harsh penalties, such as hefty fines, jail time, or parental rights loss. However, some domestic violence allegations result from a simple misunderstanding. A neighbor might hear shouting and alert authorities, or perhaps your spouse called the police in the heat of the moment but does not want to press any charges. Unfortunately, once someone calls officers, prosecutors are unlikely to dismiss the case, even if it was a misunderstanding.

If you are facing domestic violence charges in San Diego, contact Dod Law. As an experienced criminal defense attorney, Attorney Dod will conduct a thorough investigation of the allegations and create a solid defense strategy for your case like the ones below.

The Victim Lied about the Allegations

One of the most common defenses to domestic violence allegations is that the victim was lying. They may have made the comments out of spite or anger to gain the upper hand in a divorce or custody case. The accuser may also have a personal vendetta against their spouse. When the accusing party lies, their story often contains inconsistencies. Your attorney will investigate their statements and the evidence to prove they are lying about any domestic violence.

The Incident Was an Accident

This defense shows that you were at the scene when the victim was injured, but it was an accident. To prove domestic violence, the prosecutors must show that you intended to harm the other person. If they cannot prove intent, a court may not convict you of domestic violence.

For example, say you and your spouse are doing kitchen repairs. Throughout renovations, you accidentally drop a nail, which the other person steps on. Since this was an accident, and an attorney can prove kitchen upgrades were ongoing, you might not face conviction.

You Acted in Self-Defense

You can use reasonable force to protect yourself and your children. If your spouse has a history of violence, was the aggressor, or you thought that danger was imminent, a domestic violence attorney might be able to claim self-defense. Protecting yourself can include pushing someone away or using an object to defend yourself. Just because the other person sustained injuries does not always mean you committed domestic violence.

Police Errors

In some domestic violence cases, the accused may have committed the crime. However, because of police errors, your attorney might be able to have a court dismiss or drop the charge. For example, police may have neglected to read you your Miranda Rights or denied your request for an attorney. Officers may also have continued to question you after you asserted the right to remain silent. There also may not have been probable cause to conduct a search or investigation, or the incident’s circumstances were not urgent enough for a search without a warrant.

Speak to a Skilled Domestic Violence Attorney in California

The success of your case depends on your cooperation with a criminal defense attorney. You must be honest about all the details and circumstances surrounding the allegations. Withholding any information could be the difference between your freedom and a conviction.

When you need a skilled domestic violence attorney, contact Attorney Dod of Dod Law. With more than 17 years of experience handling over 6,500 criminal cases, you can be confident that he will do everything in his power to reach a favorable outcome. Call 619-814-5110 or complete our contact form to schedule a free consultation.