Domestic Violence Charges Defense: How Your Attorney Helps

Posted on April 27, 2023 by John

Domestic violence charges in California are serious. The penalties for a conviction are severe and can have a lasting impact on your personal life and career.

Common Defenses Used for Domestic Violence Charges

The best defense will differ from case to case, but there are some common strategies that you might expect from a defense attorney if you’ve been charged with domestic violence. We will look at common defenses your attorney may use if you have been charged with domestic violence.

  • Reasonable doubt. Reasonable doubt is one of the most common defenses used in cases involving allegations of domestic violence. It is difficult for prosecutors to prove beyond a reasonable doubt that an assault occurred without eyewitness testimony or physical evidence. Your defense attorney may try to show that no physical evidence exists because there were no injuries sustained by either party involved in this alleged assault.
  • False allegation. Similarly, your attorney may work to show that the accuser made up an allegation without any evidence or proof to support it. This can be done by questioning the accuser’s credibility, asking for evidence supporting their claims, or showing that the accuser has a history of making false allegations.
  • Self-Defense. In some cases, the accused may have acted in self-defense or defense of another person. For example, if your spouse came home intoxicated and began to behave in a threatening manner, your attorney may be able to argue that you were acting in self-defense when you pushed them away from you.
  • The incident was accidental. Another strategy that an attorney may use in domestic violence defense is to show that the incident was completely accidental and there was no intent to harm the other party. For example, if you were involved in a discussion and the other party involved fell and got injured, the harm done was accidental, with no malice involved.
  • Negotiations for lesser charges and penalties. In some cases, a criminal defense attorney can also negotiate for the accused to receive a lesser charge. For example, if you were charged with felony assault and battery but your lawyer successfully argued that the incident had elements of self-defense on your part, the court may reduce the charge to a misdemeanor. A misdemeanor is a lesser charge than a felony and can result in less severe penalties.

The Legal Help You Need in the San Bernardino County Area

At the Law Office of David Leicht, we offer free consultations for individuals accused of domestic violence. We can help you understand your rights and options so that you can make informed decisions about your case.

Our firm understands that every case is different, so we consider each client’s situation when building their defense plan. Contact the Law Office of David Leicht at (760)-256-3104 or use our online form to set up a free consultation and put the power of an experienced attorney on your side.

Serving Barstow, Victorville, Apple Valley, Hesperia, Adelanto, Baker, Needles, Lucerne Valley, Big Bear, San Bernardino, Mojave, Phelan, Wrightwood, and the surrounding California communities.

Law Office of David Leicht

534 Barstow Road

Barstow, CA 92311


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