As one of the most serious criminal charges, domestic violence can be charged as a felony or a misdemeanor. If law enforcement charges a suspect with a felony domestic violence charge, a conviction can make it difficult to find gainful employment and secure quality housing. Other serious ramifications of a felony conviction for domestic violence can include paying a substantial fine and/or losing the right to own firearms.
If you face one or more charges of domestic violence, you must take the charges seriously by getting in touch with a California criminal defense attorney. Your lawyer has several ways to defend you against a charge of domestic violence in California.
If your attorney determines the police report matches your claim of innocence, your lawyer collects and organizes the evidence to bolster your case. Evidence that can prove your innocence includes documents that establish where you were at the time of the alleged act of domestic violence. A receipt from a movie theater or a restaurant can help demonstrate your innocence. Witness testimony that corroborates your whereabouts at the time of the crime is helpful as well.
Some claims of domestic violence are simply untrue. Your partner might have made up some, most, or all of the story told to law enforcement. Your lawyer can establish whether the injuries on the victim support your version of events. Some partners lie out of spite, some for financial reasons. Once again, if your story meshes well with the official police report, then your lawyer might be able to prove that your partner lied about you committing a criminal act of domestic violence.
This criminal defense does not deny that you were at the scene of the alleged crime of domestic violence, but that you injured your partner accidentally. Your attorney can investigate to confirm your story. For example, if you accidentally hit your partner with a piece of plywood while installing wooden panels on a door, then your lawyer needs to see evidence that you worked on the project to verify your story.
Self-defense can be a tricky argument, especially for a partner who is bigger and stronger than the partner claiming to be a victim of domestic violence. If you claim self-defense, your attorney can check the police report to see if your partner admitted using force. From there, your lawyer can discover why your partner used force. If the reason your partner used force was that your partner feared you, then proving self-defense becomes a difficult argument. A forensic scientist can check the injuries sustained by your partner to determine whether the injuries resemble injuries that are associated with self-defense movements.
Beyond a Reasonable Doubt
Juries that hear criminal cases must have proof beyond a reasonable doubt that a defendant committed a crime. As the most difficult burden of proof, beyond a reasonable doubt can help a defendant gain acquittal for a domestic violence charge. Some of the evidence that can give one or more jurors reasonable doubt include any injuries that you suffered, the case is based mostly on allegations, and/or the physical evidence does not place you at the scene of the crime.
Work with a California Criminal Defense Attorney
The lawyer that you hire for defending you against a domestic violence charge must possess the combination of top-rated legal skills, as well as a never say quit attitude. Make sure to be upfront with your attorney to build the trust needed to get you through this difficult legal process.
Schedule a free consultation with criminal defense attorney Scott Simmons or Dan Wagner by calling us at (949) 439-5857.