A domestic violence conviction in California can change your life significantly. Unfortunately, false domestic violence allegations are all too common, and the system is designed to favor the alleged victim, not the defendant. The good news is many skilled attorneys have successfully fought charges of domestic violence for those falsely accused, often using one or more of the following defense tactics.
- Argue You Weren't the Aggressor
If the alleged victim was, in fact, the aggressor, you might have a good defense. In fact, it is not uncommon for the aggressor to call the police only to claim later he or she was the victim. This can be a frustrating experience to go through, especially due to the fact that the police will typically arrest the alleged abuser before analyzing all the facts at hand. They make quick decisions when responding to domestic disputes, but those decisions sometimes put innocent people behind bars.
- Claim Self Defense With Reasonable Force
Acting in self-defense with reasonable force is not domestic violence. Nor is it even illegal. Using reasonable force to protect yourself or your family is legal as long as you had a reasonable belief that you were in danger or at risk of harm. We see domestic violence defendants facing charges due to acts of self-defense all the time. They thought they were in the right to protect them from harm—and indeed they were—but the arresting officer didn't have all the facts to come to that conclusion.
- Prove the Victim's Stories Are Inconsistent
It's relatively common for the victim's accounts of what happened to be inconsistent throughout the duration of the case. For example, what the victim said during the 911 call or to responding police or emergency medical professionals may change as the case proceeds. It's difficult to maintain a consistent story when the allegations are in fact false. Uncovering inconsistencies and lies are something a skilled domestic violence defense attorney does every day and can do for you.
- Claim There Is no Proof of Violence or Offensive Touching
To be convicted of domestic battery, a common domestic violence crime, the prosecuting attorney must prove beyond a reasonable doubt that you willfully and unlawfully touched the victim in a harmful or offensive way. You do not need to have actually injured the victim, which makes it all the easier for the victim to make false allegations. But unless the prosecuting attorney can prove you did this, you cannot be convicted. For this reason, discuss the facts and circumstances of your case with a California domestic violence defense attorney who can help you determine what evidence—if any—will have a bearing on your case.
- Demonstrate the Alleged Victim Is Not a Domestic Violence Victim
A victim of domestic violence must be a spouse or former spouse, including domestic partners, boyfriend/girlfriend (past or present), the parent of your child, someone you live or lived with in a partnership (i.e. not a roommate), or anyone closely related to you through blood or marriage. Unless the alleged victim falls into one of these categories, you are not guilty of a domestic violence crime. You may be guilty of assault or a similar crime, but these convictions carry different, and sometimes less severe, penalties.
Call an Attorney if You Have Been Falsely Accused of Domestic Violence
Never lose hope when facing domestic violence charges. Instead, call an experienced California domestic violence defense attorney right away. Domestic violence defense attorneys know the unfortunate truth of false allegations of domestic violence. Indeed, the alleged abuser is often the victim. People make false allegations of domestic violence for a variety of reasons. The good news is there are attorneys who can spot false allegations and uncover the truth, resulting in favorable outcomes for the defendant. The sooner you involve an attorney, the more he or she can do to fight your charges.
If you've been falsely accused of domestic violence, take action before it's too late. Contact attorney Christopher Martens and his legal team for help in Tulare, Fresno, or Kings County. Experienced in domestic violence defense, our Visalia area legal team can help you fight your charges and clear your name. Attorney Martens has over ten years experience in criminal defense and won't be afraid to take your case all the way to trial. Call our Visalia or Hanford, CA offices at 559-967-7386 or email us at [email protected] for a free consultation.