A domestic violence conviction can have serious consequences. California laws have little tolerance for domestic violence. A conviction can drastically alter your life, even if you are not guilty of the alleged crime. If you got into a mild dispute with your spouse that somehow was misinterpreted for domestic violence, your private disagreement could instantly be ranked alongside serious felonies like assault or murder.
If you have been accused of domestic violence, choosing the right defense strategy is very important to your future. This is precisely why you need to hire an experienced Central Valley criminal defense attorney to help you devise a plan of action to help you avoid a conviction.
Most Common and Effective Defenses Against Charges of Domestic Violence
Below is a list of the most common and effective defenses against charges of domestic violence.
If your spouse has falsely accused you of domestic violence, you’re not alone. Approximately 1.5 million restraining orders are issued each year resulting from false domestic violence accusations. Statistics show that nearly 700,000 people are wrongfully convicted of domestic violence every year in the U.S.
In order to successfully defend a false claim of domestic violence, your Central Valley criminal defense attorney needs to engage a combination of the following strategies:
- Showing that your spouse had extenuating reasons to falsely accuse you
- Providing evidence that there are major inconsistencies in your spouse’s testimony
- Trying to convince your spouse to drop the charges
Another common strategy to use against a charge of domestic violence is claiming self-defense. To successfully use this strategy, your lawyer will need to:
- Show your spouse had a desire to strike you
- Prove your spouse has a history of violence towards you
- Show there was an imminent threat to you or your children
- Provide testimony from witnesses to the altercation – showing your spouse struck first
Lack of Evidence
It is important to note that the law protects the innocent until proven guilty. This means that in order to prevail, your accuser and the prosecutor needs to provide sufficient evidence that you engaged in domestic violence. If they are unable to do so, the charges may be dropped.
Call an Experienced Central Valley Criminal Defense Attorney
If you or someone that you care about has been arrested or charged with a crime that you did not commit, it is important that you immediately hire an experienced criminal defense attorney to help protect your legal rights and ensure that you have the best defense possible to avoid a criminal conviction.
For more information or to schedule a complimentary consultation with Central Valley criminal defense attorney Gurjit Srai, please call us at (209) 323-5558 or (559) 449-1447, or complete our online form.