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Can I Win a Domestic Violence Allegation in California Court?


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A file of a domestic violence case favorably resolved

Law enforcement takes claims of domestic abuse or violence seriously. Police officers have to follow specific rules regarding how to handle these types of claims. Generally, the officers must arrest someone for domestic violence when there are claims coupled with evidence that support the claims of violence. Domestic violence charges may be misdemeanor or felony crimes, depending on the specific details of the case. Your attorney will evaluate the case and help you defend the charges against you. 

Fighting Domestic Violence Charges

Allegations of domestic violence are serious charges. These charges can be difficult to resolve favorably. There are several ways to fight or resolve domestic charges that can be considered a win for the defendant. First, the prosecutor could drop the charges. This is a rare occurrence but it can happen when the evidence against you is weak. Another option is to try to get the charges reduced. This often involves a plea deal. In taking a plea deal, you will need to plead guilty to lesser charges. This may occur when the original crime is charged as a felony but might instead be charged as a misdemeanor.

If the case does proceed to trial, your attorney will fight for your rights every step of the way. In some cases, the evidence against you might have been obtained in an illegal manner. If that is the situation, that particular portion of evidence might be excluded from the trial. If that evidence is critical, it could result in an acquittal at trial when the state does not have enough evidence to prove the crime. An experienced criminal defense attorney has the expertise to handle complex charges such as those of domestic violence. 

Getting Domestic Violence Charges Dropped

The best way to resolve domestic violence charges is by the state dropping the charges. Your attorney will need to show that you do not have any prior convictions on similar charges. If this is your first offense, your attorney may file a motion requesting the judge dismiss the charges. Your attorney will provide factors that show you have a job, are a productive member of society, and that you agree to attend anger management classes. Generally, the courts will proceed with a case unless there is no probable cause or when the evidence is lacking. It is important to note that once a victim reports a crime, the consequences are typically out of their hands. The charges can proceed even if the victim wishes to drop them. 

Domestic violence charges are serious, and if convicted, you will suffer the consequences for a long time. It is helpful to speak to a qualified criminal defense attorney as soon as possible following the incident. Your attorney will review and gather information and work to resolve the matter in your favor. To learn more about fighting domestic violence charges contact our criminal defense team at Strongest Defense at (805) 477-0070.