Your Domestic Violence Defense Lawyer

What is Domestic Violence Battery under California Law?

Penal Code §243(e)(1) defines Domestic Violence Battery, “when a battery is committed against a spouse, a person with whom the defendant is cohabiting a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship.”

In order to be found guilty of Domestic Violence Battery, the prosecution must prove beyond reasonable doubt that the defendant:

The defendant willfully touched in a harmful or offensive manner.
The defendants (former) spouse/defendant’s (former) cohabitant/defendant’s fiancé/ person with whom the defendant currently has, or previously had, a dating or engagement relationship (mother/father) of the defendant’s child.
The defendant did not act in self-defense or in defense of someone else
What are the defenses to the charge of Domestic Violence Battery?

Domestic Violence Battery is a serious crime that often involves collateral consequences in ones life such as the loss of employment, loss or denial of security clearance, loss or denial of a professional license, the ability to gain admission into college or other schooling. The ability to own possess or use firearms. In fact under the Lautenberg amendment a conviction of a domestic violence crime will disqualify you from possessing owning and using firearms and therefore can result in being administratively discharged from the armed forces. It’s extremely important to find and hire an experienced criminal defense attorney to prepare one or more of the following defenses:

Pre-File Defense

Domestic Violence cases are particularly difficult to defend because the line between self-defense and assault may not be entirely clear. However, at My Criminal Defense we prepare a very aggressive defense before the district attorney decides to file charges, so that we can persuade the D.A. to reject your case. This is called pre-file defense. In the event we are not able to persuade the D.A. to reject your case, we have already built a very strong and potent defense to seek either a dismissal of the charges or victory at trial.

Self-Defense/ Defense of others

The legal defense of self- defense means that you cant be found guilty of a violent crime that you committed in order to protect yourself as long as your conduct was reasonable under the circumstances.

You reasonably believed that you were in imminent danger of being killed, injured, or touched unlawfully,
You reasonably believed that you needed to use force to prevent that form happening, and
You used no more force than was necessary to prevent that from happening
False Accusation

There may be a possibility that you are being falsely accused of Domestic Violence. Perhaps the police or prosecutors are relying on misleading evidence. In this case, your defense lawyer will employ the services of a professional investigator to interview witnesses and investigate the false evidence on which the prosecution is relying to try to prove your guilt and prepare a highly skilled defense strategy that will protect you against an unjust prosecution.

With over 27 years of experience, My Criminal Defense has successfully defended numerous clients who have been falsely accused of domestic violence crimes by conducting a thorough investigation of the facts of each of our clients’ cases. Our criminal defense attorneys have extensive experience handling such cases and, with our defense team of investigators and experts, our attorneys can help defend your legal rights and protect you against a wrongful and unjust prosecution. Please don’t try to be your own defense attorney. Contact the My Criminal today to set up a FREE confidential consultation to protect your freedom and reputation against unjust prosecution!!