In the context of fighting a domestic violence charge in California, the “best defense” means a strategy most likely to result in a favorable plea agreement from the prosecutor or an acquittal at trial.
Clearly, domestic violence cases in Los Angeles will differ from case to case, depending on the particular details and circumstances of the case.
When facing a domestic violence charge in Los Angeles, the decision of whether to take the case to trial is a crucial one. However, you don't have to make it alone. Your defense attorney is there to guide you through this process, ensuring you make an informed decision.
Since you will suffer the consequences of an unsuccessful defense, which can include significant fines, a criminal record, and even imprisonment, you must consider your realistic chances of a successful outcome.
In Los Angeles, prosecutors and police aggressively enforce all the domestic violence laws in California because prosecutors are under public pressure to file cases and obtain convictions. Domestic violence is a sensitive and political issue.
Step Towards a Strong Defense
Early legal representation is not just crucial, it's your proactive first step towards a strong defense if you've been accused of any domestic violence-related crime. The sooner you retain a lawyer, the more in control you'll feel, and the better your chances of building a robust defense.
It's crucial to avoid a conviction in domestic violence cases. To prepare a strategy that gives you a chance at a favorable outcome, you'll need the expertise of an experienced attorney.
Remember, negotiating with the prosecutor for reduced charges or even getting the case dropped is not just a possibility; it's a potential outcome. This knowledge can empower you and give you a sense of optimism in your legal journey.
Our Los Angeles criminal defense law firm outlines several best defense arguments for domestic violence accusations below. These include self-defense, mutual combat, and reasonable doubt.
Common CA Domestic Violence Charges
Under California law, domestic violence cases can be filed as either a misdemeanor or felony offense, with the level of the victim's physical injuries being the most crucial factor in how the case is filed. The most commonly charged California domestic violence cases include:
- Penal Code 243(e)(1) PC – domestic battery
- Penal Code 273.5 PC – corporal injury to a spouse
- Penal Code 422 PC – criminal threats
- Penal Code 273.6 PC – violation of a restraining or protective order
- Penal Code 368 PC – elder abuse
- Penal Code 273d PC – child abuse
Actual physical injuries sustained by a victim are not required to be charged with a PC 243(e)(1) domestic battery offense, but these types of incidents will typically be filed as a misdemeanor.
If a prosecutor decides to file felony PC 273.5 corporal injury to a spouse charges, they will have to prove the victim sustained a severe injury. An experienced criminal lawyer will typically attempt to make an argument that the physical injuries didn't rise to the level of a felony offense and use expert testimony to review the medical evidence and testimony from the alleged victim.
However, even if a defense lawyer can prove a felony-level offense was not committed, the defendant could still be found guilty of a lesser-included offense of domestic battery on an intimate partner.
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. Let's take a closer look at some of the best defenses below if you were charged with any California domestic abuse-related incident.
Self-Defense Argument
There are some domestic violence incidents where the person arrested was the victim, but was forced to defend themselves, which caused injuries to the attacker. It's not uncommon for actual victims to get arrested and charged with a domestic violence crime.
This happens typically because police observed signs of physical injuries on the attacker, who gave officers false information to avoid admitting responsibility and getting arrested.
It should be noted that self-defense is a complete defense to a charge of domestic violence. A self-defense argument can be made in Los Angeles domestic violence incidents when the defendant did not initiate the force, and employed only reasonable and proportionate force in response to the attack.
Even in a situation where the attacker suffers more severe injuries than the defendant, they can still use a self-defense argument and should not be convicted of domestic violence.
After police officers arrive at the scene of an alleged domestic violence incident, they are frequently forced to make snap decisions in a heated, complex situation. Understanding this complexity can help you empathize with their position.
Many police departments have a policy requiring their officers to arrest someone after responding to a 911 domestic violence call.
Officers tend to believe whoever made the initial 911 call. If there are visible injuries on the victim, they will make an immediate arrest without considering whether it is self-defense.
Mutual Combat Argument
In most abusive relationships, the actual physical abuse comes from both parties. For this reason, mutual combat situations in domestic violence incidents happen every day. Mutual combat occurs when neither party can be legally considered the actual aggressor, and both parties to the altercation contributed about equally to initiating physical force and mutually attempting to assault one another.
Mutual combat occurs when:
- Neither party can be legally considered the actual aggressor, and;
- Both parties to the altercation contributed about equally to,
- Initiating physical force and mutually attempting to assault one another.
In this type of domestic violence scenario, both people are both victim and perpetrator. This means neither person in an actual mutual combat situation should be charged with domestic violence. However, they could be found guilty of other California crimes, such as:
- Penal Code 415 PC – disturbing the peace
- Penal Code 647(f) – public intoxication
- Penal Code 273a PC – child endangerment
Reasonable Doubt Defense
Domestic violence accusations typically involve a situation where it's one person's word against the other, commonly known as the infamous “he-said/she-said” scenario. Most domestic violence incidents between intimate couples occur behind closed doors, which means there are generally no third-party witnesses who can verify what happened.
In situations where there are witnesses, it's ordinarily young minor children who are not always neutral witnesses due to their pre-existing relationship with one or both of the parties.
This means that a reasonable doubt argument based on complaining witness credibility is often one of the best defense strategies against domestic violence allegations in Los Angeles. Keep in mind that all California criminal charges must be proven beyond a reasonable doubt—the highest bar in the American legal system.
After the jury hears the testimony of the complaining witness and believes it's equally valid, the defendant might not have committed the domestic violence. They are legally required to find them “not guilty.”
Therefore, unless there were visible physical injuries or other objective corroboration, domestic violence allegations can be difficult to prove.
Defense for CA Domestic Violence
If you were charged with any domestic violence-related crime in Los Angeles, call our Los Angeles criminal defense lawyers to take a close look at the details of the case. You will need a law firm with experience in the local Los Angeles County Courts to have the best chance of a favorable outcome.
If you or a family member is under investigation or has already been arrested for domestic violence defined under California law, we can help you. Cron, Israels & Stark is a top-ranked criminal defense law firm located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. Contact us for a free case consultation at (424) 372-3112.
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