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Can You Fight Domestic Violence Charges?

Can You Fight Domestic Violence Charges?

Domestic violence is a severe crime. If you’ve been charged with domestic violence, then it may feel like your future is at stake. What are you going to do? Can you even fight domestic violence charges? The truth is that with the help of an experienced criminal defense lawyer, you can absolutely defend against these charges and get your life back on track.

If you’re dealing with domestic violence charges, then get in touch with Robin D. Perry. The Law Offices of Robin D. Perry & Associates provide vigorous representation to clients and are a goal-oriented and values-driven firm. We develop creative strategies to win every case, every time and are confident we can help you with your domestic violence case. Reach out to us today to schedule a consultation.

Defending Yourself Against Domestic Violence Charges

When you’re charged with domestic violence, you can use different defenses to show that you are not guilty of committing this crime.

For instance, perhaps you were acting in self-defense. The alleged victim may have actually been trying to attack you and you fought back. Or, perhaps they were trying to attack a loved one, and you stepped in to defend that person. As long as you were reasonable in your self-defense, then this could hold up in court. For example, if your girlfriend threatened to punch you, then pulling a gun out on her would not be reasonable. But if you were simply blocking her punches, then this could be a good defense. Additionally, keep in mind that in order for self-defense to qualify, you cannot have initiated the incident.

Another defense against domestic violence charges is that you have an alibi and you were not present when the alleged incident occurred. You cannot be charged with a crime if you weren’t even at the scene of the incident at the time. You could prove your alibi by showing that you were at work or hanging out with friends, for instance.

It may be possible that the domestic violence that occurred was an accident. For instance, maybe you and your partner were fighting and you slammed the door because you were angry and wanted to get away from them. However, you didn’t realize that their foot was in the door, and you caused injury to them. Since the intent to hurt them wasn’t there, then the domestic violence charges might not be valid.

If the alleged victim is bringing forth false allegations, then that’s another defense. There may be inconsistencies in their story as well as a motivation for concocting this incident. For example, maybe you share custody of a child, and they want full custody, so they made up the fact that you allegedly hit them.

There might also not be enough evidence to convict you of domestic violence. The prosecutor has to prove beyond a reasonable doubt that you are guilty in the eyes of the law for the conviction to be valid. If it’s your word against the alleged victim’s and there is no other evidence of wrongdoing, then the charges may not hold up.

If you’ve been charged with domestic violence, you should never give up fighting the charges because there is always hope… especially if you have a trusted criminal defense lawyer on your side.

Penalties for Domestic Violence in California

Instead of being charged with domestic violence, you’ve likely been charged with a more general crime like neglect, battery, or abuse.

If you’re facing charges for corporal injury to a spouse or inhabitant, you could be convicted of a felony and spend up to one year in county jail or up to four years in a California state prison.

If you’ve been charged with child abuse, then you could go to jail for up to one year or state prison for up to three years. Elder abuse charges can result in misdemeanor or felony charges as well as up to one year in jail or up to four years in state prison.

For domestic battery, a misdemeanor, you could spend up to one year in county jail as well as be required to pay a fine of up to $2,000. For child neglect or failure to provide care to a child, you could be charged with a misdemeanor, which is punishable by up to one year in county jail or a fine of up to $2,000.

If you’re found guilty of stalking, you could be dealing with misdemeanor or felony charges and spend up to one year in jail or up to three years in prison.

If you cut or damage a phone line or the associated equipment – in order to stop your spouse from being able to make a phone call, for example – then you could face felony or misdemeanor charges. You could have to spend up to three years in prison and pay up to $10,000 in fines.

There may be other charges that would apply to your case depending on the circumstances surrounding the alleged incident. When you’re in custody of the police, you find out your charges at an arraignment court appearance within two or three days typically.

Why Hire a Criminal Defense Lawyer?

When you get arrested, you soon learn that you have access to a public defender, or a free lawyer who will help you with your case. While this may seem like a good option, it can end up being very detrimental to your future if you go with the public defender. While they are competent, they are overwhelmed, sometimes taking on dozens of cases at one time. They will not have the time and energy to devote to your case, and may recommend that you take a less than ideal plea bargain instead of fighting your charges.

You also have to consider the fact that your life won’t only change because you might have to serve time and/or pay a large fine. You may have to go on probation and you could have trouble securing a job, housing, or a college education if you have a criminal record. It’s just not worth it to risk your entire future.

An experienced criminal defense lawyer is a solid investment in yourself and your future, and will ensure that you’re doing all that you can for your case. When searching for a criminal defense lawyer, find one with the experience you need and the case results to back it up. 

Get in Touch With Robin D. Perry & Associates

If you need a criminal defense attorney for domestic violence charges, then it’s time to get in touch with the Law Offices of Robin D. Perry & Associates today. No matter what, we will fight on your behalf during your time of need. Call us at 562-216-2944 or contact us on our website for a free consultation.

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