Types Of Domestic Violence Charges In California (And Ways To Defend Yourself Against Them)

Unfortunately, cases, where false accusations of domestic violence are being made out of revenge, anger, or jealousy are not unheard of. But being falsely accused of domestic violence is not as bad as being prosecuted for it.

If you have found yourself in the former situation, calling a Los Angeles domestic violence defense attorney is often enough to get those charges dropped or dismissed. But being prosecuted for domestic violence when you are innocent is a whole new story, as there is no getting around the fact that you need legal help from an experienced criminal defense lawyer from Okabe & Haushalter.

If you are being falsely accused of domestic violence by your spouse, partner, or significant other, a criminal defense attorney will have to collect evidence proving your innocence and do so in a timely manner in order to persuade the prosecutor not to file criminal charges.

Defenses to domestic violence charges in California

However, even if criminal charges have been filed by the prosecutor, it is not too late to contact a domestic violence defense attorney Los Angeles in order to choose the most suitable defense strategy. The defense strategy that will be chosen by your criminal defense lawyer depends on a variety of factors, but the most common defenses to domestic violence charges include:

• Self-defense or defense of others.
• The alleged act of domestic violence does not amount to domestic violence per its legal definition.
• A mistake of fact or perception.
• The alleged victim misidentified you.
• The alleged victim is making false allegations deliberately and intentionally.
• Factual or legal impossibility.

Consequences of getting arrested for domestic violence

Our experienced domestic violence defense lawyer in Los Angeles reminds readers that just because you were arrested on suspicion of domestic violence after your spouse, partner, or significant other called the police to a home, it does not automatically make you guilty of the crime you did not commit.

Under California law, police officers are required to make an arrest on the mere assumption that some abuse occurred. Contacting a skilled criminal defense lawyer is often enough to escape the penalties and legal punishment for false domestic violence allegations.

Types of domestic violence charges in California

What many California residents do not realize is that there can be many types of domestic violence. If you are being accused of domestic violence, you could be charged with a misdemeanor or felony offense in California. Depending on the facts in your particular case, you could be charged for:

• Willful infliction of corporal injury. Typically, if you are accused of this type of domestic violence, you could be charged with a felony offense with a prison sentence of up to four years or a misdemeanor punishable for up to 12 months in county jail. In order for a domestic violence offense to be classified as willful infliction of corporal injury, the prosecutor will have to prove that the alleged victim sustained a “traumatic condition” as a result of the alleged act of domestic violence.
• Domestic battery can be charged as a misdemeanor offense, with the defendant facing up to one year in county jail.
• Stalking can be charged as either a misdemeanor or a felony. If the stalking occurred when there was a restraining order in place, the defendant will face a harsher punishment.
• Criminal threats. In California, you can be charged with a misdemeanor or felony even by making a threat to commit a crime that may lead to a bodily injury or death.
• Willful harm or injury to a child can be charged as a felony, with the defendant facing from two to six years in prison.
• Intimidation of a witness can be charged as a felony, with the defendant facing up to three years in state prison. The prosecutor will have to prove that you knowingly and maliciously attempted to dissuade the alleged victim of domestic violence from calling the police or otherwise reporting domestic violence to law enforcement.

Regardless of the type of domestic violence you are being accused of or prosecuted for, contacting a Los Angeles domestic violence defense attorney is often the only way to prove your innocence and adopt a defense strategy to fight for your freedom, reputation, career, time, and money. Schedule a free consultation with our lawyers at Okabe & Haushalter by calling at 310-543-7708.