Defending Domestic Violence Charges in Oakland
Being accused of committing domestic violence could have severe implications that go beyond the legal ramifications of a conviction. You could also face serious personal and professional consequences as well as lifetime effects on your rights. It is important for you to retain a defense attorney with experience defending domestic violence charges in Oakland. By contacting a qualified attorney, you could improve your chances of a positive resolution.
Common Defenses in Household Abuse Cases
Arguing that physical contact between parties was the result of an accident is a legitimate defense that can be used as a in domestic violence cases in Oakland. Although the defendant may have engaged in physical contact the basis of the accident defense is that it was not an intentional infliction of any sort of domestic violence, assault, or battery.
One of the most common legal defenses is self-defense. Self-defense in a domestic violence case applies when an individual is being attacked or threatened by someone with whom he or she are romantically involved, share a child, previously involved, or lived and that person engages in an act to defend themselves. When he or she believes the other party is attacking them or threatening their safety in some way, he or she can argue that they used a reasonable amount of force to protect themselves.
Defense of others is another defense to domestic violence charges that is similar to self-defense. An individual may observe a situation where someone attempts to hurt or harm another, and it rises to a level that causes the observer to believe serious bodily injury is going to occur if they do not intervene. When the observer steps in to prevent further harm to the individual being attacked a defense of others defense can be argued.
What Evidence is Used to Build a Defense?
Depending on the underlying facts of the case, or the particular circumstances of the domestic violence charge brought against a person, a defense attorney would gather evidence from police reports and engaging in discovery. This includes seeking out the body worn camera, audio recordings, photographs, medical records, and video recordings. A lawyer could also examine all of the statements and may obtain the services of a professional investigator if necessary to interview potential witnesses.
An experienced lawyer looks for issues about the alleged victim’s credibility if things do not add up in the report or there are evidentiary issues that stand out. There could be something else going on that the police report might not show.
How Can People Improve Their Domestic Violence Cases?
One step a person could take to help his or her domestic violence case is having an accomplished attorney advocate on his or her behalf who will not only gather mitigating evidence about the accused but engage in investigation that will point out any credibility issues with the accuser. People can improve their domestic violence cases by cooperating with their attorney, timely producing requested documents, communicating frequently with the attorney, and not talking about the matter with anyone else except for their attorney – and definitely avoiding posting about it on social media and avoiding speaking directly with the victim if there is a no contact order in place.
When children are involved, regardless of the person’s guilt or innocence, it is often recommended that he or she attend parenting classes. That does not mean he or she is guilty. The intent is to show the court that the person is being proactive and involved in his or her case if there is a legitimate basis to believe that it will be beneficial to children in the household.
Other options are one-on-one individual counseling, group counseling, or enrolling in education courses. All of these actions are beneficial for mitigation and negotiation purposes if that is the strategic route that the individual and attorney have decided is best for the case – if there is a desire to resolve. If the matter is going to trial then the focus will be on remaining silent, gathering evidence, and planning the strongest defense to the allegations.
An Oakland Attorney Could Help You Defend Against Domestic Violence Charges
When someone faces criminal accusations related to a domestic violence case, he or she could be facing jail time that varies based on the severity of the allegations against him or her. Whether you are facing a misdemeanor or felony charge, your civil freedoms are at risk. Even misdemeanor domestic violence convictions can result on a lifetime ban on the right to possess a firearm, can result in negative consequences during custody disputes, and can result in deportation for those who are not citizens of the United States. Domestic violence convictions can have serious consequences across various parts of an individuals life and should not be taken lightly.
It is in your best interest to speak with an accomplished attorney about your case. An experienced lawyer knows the ins and outs of defending domestic violence charges in Oakland. Schedule a case consultation today for free.