Aggressor in a Domestic Violence Case

What Is a Primary Aggressor in a Domestic Violence Case?

When police officers arrive at homes after a domestic violence (DV) 911 call, they might not be able to tell at first glance who is the abuser and who is the victim.

Abusers often tell a false story, especially those with prior domestic violence allegations, and might even call the police themselves and tell the dispatcher that they are victims. Although injuries to a victim are not always visible, many sustain visible marks, such as scratches and bruises.

Primary Aggressor in a Domestic Violence Case

The primary aggressor in domestic violence is the person who instigated the violence.

This lack of clarity on the scene can lead to situations where victims are arrested for domestic violence as if they were the primary aggressor, which is defined as the person who poses the most severe and ongoing threat.

Still, they may not be the person who struck the first blow in a specific DV incident.

If law enforcement misidentifies the victim as an aggressor, the victim could face harmful legal consequences, including domestic violence prosecution.

This could lead to criminal charges, potential incarceration, and a criminal record, which can have long-term implications on employment, housing, and personal relationships.

Sometimes, it might cause legal issues with child custody and immigration rights. People who are not appropriately identified as crime victims may not be eligible for orders of protection, shelter, and funding through the Victims of Crime Act.

When police have trouble determining the identity of the primary aggressor, they often arrest the actual abuser along with the victim in a dual arrest. Sometimes, however, actual abusers manipulate the situation and escape any legal consequences.

Deciding who is the primary aggressor can be particularly challenging for police called to domestic violence incidents. Thus, both people are often arrested, especially in cases involving same-sex couples. Sometimes, domestic violence can be filed as a felony based on different factors.

It's usually chaotic when police arrive for a domestic violence call. Emotions are running high, and getting accurate information is not always easy, especially in cases where it's not clear who the primary aggressor was. Domestic violence cases are often complex and challenge law enforcement, victims, and the legal system.

DV Aggressor - Quick Facts

Strict protocols are in place for law enforcement officers to protect victims from further violence even before formal charges are filed.
Domestic violence is a broad term used to classify crimes based on the nature of the relationship between two people.
Police are required to make a domestic violence arrest if there are indications that violence did occur.
It's often easy for police to differentiate the perpetrator from the victim.
If both parties show signs of injury, police must determine who the primary aggressor is based on available evidence.
Serious domestic violence incidents are charged as felonies.

How is the Primary Aggressor Defined?

The primary aggressor in a Los Angeles domestic violence case is the person deemed to have been the most significant instigator or perpetrator of violence during an incident.

Under California law, when law enforcement officers respond to a domestic violence call and discover both parties are injured, they must identify and arrest the primary aggressor.

This determination is more than simply identifying who started the DV altercation. Instead, it involves a detailed assessment intended to determine who poses the more significant threat based on several factors, including the following:

History of violence is considered, especially those documented by police or courts.
The extent and seriousness of the physical injuries typically indicate who was more aggressive during the incident.
Police must assess which party is more likely to initiate further violence.
The presence of threats, intimidation, or coercive behavior is also evaluated. This assessment helps in understanding the context of the violence and identifying controlling or abusive behavior patterns.
Statements from other people are often crucial to give a clear picture of the relationship between the two people.
Determining whether one person acted in self-defense is essential, mainly when retaliatory violence occurs.

How Is Accurate Identification Challenging?

The goal of the police is to arrest the primary aggressor to prevent further violence and ensure the safety of the victim, but this system is not without some flaws.

Identifying the primary domestic violence aggressor is a task that requires careful assessment under stressful conditions. However, the potential for mistakes in this process is significant.

Several factors contribute to the possible misidentification of the primary aggressor, underscoring the need for a thorough and careful assessment in each case.

Sometimes, police cannot determine the primary aggressor, and both parties will be arrested.
Domestic disputes are highly emotional, and the stress of the situation can affect the clarity of testimonies.
Victims are often too traumatized to provide coherent accounts, and aggressors might manipulate the narrative to their advantage. This potential for manipulation underscores the need for a fair and unbiased investigation, ensuring that the true primary aggressor is identified.
In cases where there is a long history of abuse, victims might eventually retaliate, making it difficult to determine the primary aggressor based solely on the most recent incident.
Injuries will not always accurately explain what happened. A more severely injured person could be the primary aggressor if they started the domestic violence incident and the victim responded in self-defense.
Common preconceived notions about gender or physical appearance often influence judgment about who is more likely to be the aggressor. Typically, men are more likely to be the primary aggressor.
Often, victims may recant their statements or show reluctance to testify against their abuser due to fear, emotional attachment, or financial dependence. This makes it challenging to collect accurate information and make a fair assessment.

What Are the Common DV Crimes?

One of the most common domestic violence charges is California Penal Code 273.5 PC, corporal injury to a spouse, a wobbler that can be filed as a misdemeanor or felony. This DV crime involves inflicting injury on a spouse, cohabitant, fellow parent, or person the accused has dated.

In many cases, police will arrest someone for felony PC 273.5 PC, and the district attorney will reduce the case to a misdemeanor Penal Code 243(e)(1) PC domestic battery if the injuries do not rise to felony conduct.

PC 243(e)(1) domestic battery is always a misdemeanor and involves committing a battery on a spouse, cohabitant, fellow parent, or person the accused dated.

A more severe charge is Penal Code 245 PC assault with a deadly weapon, which is not limited to domestic violence cases. This is considered a serious and violent felony and is a strike within the meaning of California's Three Strikes law, which can lead to enhanced sentencing in present or future cases.

First-Offense Domestic Violence

A domestic violence case in Los Angeles is considered a first-offense case if you have never been convicted of a domestic violence-related charge, including domestic battery, spousal abuse, assault, or battery.

First-offense domestic violence convictions carry a broad range of consequences. The penalties imposed by the court can be influenced by a defense lawyer who is experienced in domestic violence cases and the particular court where the case is being heard.

First-offense domestic violence punishments might be more severe if one of the participants requires medical treatment or has serious injuries.

If the victim sustains a significant bodily injury, you should expect the DA to pursue harsh punishments, even for a first DV offense. Most courts will impose an even more severe consequence if multiple incidents occur.

How Can a Criminal Defense Attorney Help You?

When the criminal justice system incorrectly identifies the primary aggressor, it can lead to a wrongful arrest and conviction, impacting their life. The alleged aggressor often has a protective order issued against them, prohibiting them from returning home and separating them from their children.

For these reasons, you must retain a California criminal defense attorney who knows the domestic violence laws, allowing them to help minimize the immediate damage with the following strategy:

Perhaps we can challenge the arrest and charges. There may be discrepancies, biases, or procedural errors that led to the wrongful identification as the primary aggressor. This includes examining police reports, witness statements, and any available physical evidence.
Perhaps we can challenge the evidence. We can scrutinize the evidence used by the police to determine the primary aggressor, such as questioning the credibility of witness statements and interpreting physical evidence.
Perhaps we can present alternative evidence. We may be able to gather evidence to show a different narrative of the events, challenging the DA's version of what happened. We may present other evidence that the police may have overlooked or misinterpreted, such as text messages, emails, or medical records.
Perhaps we can challenge the protective order. We might challenge the issue of a protective order, which can have significant implications. Maybe we can argue that you do not pose a threat to the alleged victim, allowing you to continue living at home and maintaining custody of their children.

Sometimes, the best defense strategy involves negotiating with the district attorney prosecutors for reduced charges or a case dismissal. If the DV case goes to trial, we can advocate on your behalf and attempt to demonstrate that you were not the primary aggressor or were acting in self-defense.

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