Domestic violence incidences are far more common than many would like to admit and fairly easy for the victim to be charged with committing the offense. There are a number of reasons why this may happen; some people become entrapped in their loved one’s jealous actions, while others may fall victim to haphazard police work that leads authorities to the wrong conclusions.
Regardless of the reason, if you want to know how you can claim self-defense to help you avoid a wrongful domestic violence conviction, speaking with an attorney can help. Criminal cases involving physical relationship abuse are very complex and will require an attorney with in-depth knowledge of your state’s laws to properly mount a claim.
I suggest contacting an attorney you trust for a free case evaluation.
The self defense domestic violence concept is one that is regularly misunderstood. Although Americans would generally accept that a person should be allowed to protect themselves from harm, there are very specific rules provided by each state.
Although every state allows violent crime defendants to claim self-defense, the rules that determine whether or not a person acted in self-defense vary.
The reason that the rules vary is because different people have different views as to what it means to protect oneself. Even if a person was defending themselves during an attack, that does not give the victim special rights to inflict substantial harm upon their attacker.
This can, in some cases, turn the court system against a victim during their time of need.
In general, prosecutors will often scoff at self defense in domestic violence cases during every stage of the domestic violence proceeding. Why is debatable, but there are a lot of people who try to use this strategy when it does not apply.
This can make it much more difficult for real victims facing charges to prove that they are innocent. Although judges and juries are instructed to concentrate on the facts, these types of cases affect people emotionally, and if it appears as though an attacker is pretending to be a victim, the courts are likely to come down very hard on them.
The following are reasons for which those who claim their actions were in self-defense fail to convince a judge and or jury:
No Immediate Threat. In order to prove that a person was defending themselves, they have to prove that they were, or that they believed they were, in imminent danger. In California, this means that a person believes that they are in immediate danger of being touched unlawfully, killed, or injured.
Irrational Response. Although it is legal to protect yourself against a domestic violence abuser, it is only legal under very specific circumstances. In addition, if a person responds to an immediate threat in a way that is irrationally aggressive or dangerous, this can create problems for them in the courtroom.
Those planning to claim self-defense in a court of law face an uphill battle; many of those who have domestic violence self defense cases do not appear to be the victim, which can be detrimental to their case. A skilled California domestic violence lawyer will investigate all of the facts and listen to your side of the story.
Just because you are charged with a crime does not mean you are guilty. With experienced legal representation, you may be able to expose flaws in your prosecutor’s case and have crucial evidence thrown out.
Those facing charges are invited to contact us for a free confidential case evaluation. Our attorneys have years of experiencing assisting countless dv defendants. They can help you better understand the charges you are facing and help determine what options you have available.
Call (888) 250-2865 to get help today.
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