Facing a domestic violence charge is a serious matter with potentially severe consequences. However, there are several legal defenses that you can raise to beat or reduce such charges.
Consulting with a skilled Newport Beach criminal defense lawyer can significantly improve your chances of a favorable outcome. Contact Chambers Law Firm at 714-760-4088 for a free consultation to discuss your case.
Legal Defenses in Domestic Violence Cases
When charged with domestic violence, several defenses may be applicable, depending on the specifics of your case:
- Accidental Injury: If the alleged victim’s injury was the result of an accident and not intentional harm, this can be a valid defense.
- Lack of Causation: You can argue that the alleged victim’s injuries were not caused by your actions.
- Self-Defense or Defense of Others: Acting in self-defense or defending someone else can justify your actions and potentially lead to a dismissal of charges.
- False Accusation: If you were falsely accused out of jealousy, anger, or to gain an advantage in a child custody proceeding, this can be a strong defense.
Pleading to Lesser Charges
An experienced Newport Beach criminal defense lawyer can sometimes negotiate a plea bargain to a lesser offense. This strategy can help you avoid the severe consequences of a domestic violence conviction. Two common lesser offenses include:
- Criminal Trespass: Pleading guilty to criminal trespass can help you retain your right to own a firearm, avoid automatic loss of custody rights, and prevent deportation if you are a non-citizen.
- Disturbing the Peace: This charge is less severe and can help minimize the stigma and impact on your record.
Pre-Trial Diversion Programs
Another effective strategy is seeking a pre-trial diversion program. If you successfully complete a batterers’ program, the charges can be dismissed and effectively erased for most purposes. Eligibility for pre-trial diversion depends on the specific charges, your residence, and your criminal history.
Understanding Domestic Violence
Domestic violence is generally defined as abuse committed against an intimate partner, which includes:
- Current or Former Spouse
- Registered Domestic Partner
- Fiancé(e)
- Cohabitant
- Parent of Your Child
- Serious Dating Partner
Additionally, domestic violence laws can extend to children, siblings, grandparents, and other relatives.
Common Domestic Violence Crimes
Domestic violence encompasses various crimes, including:
- Battery
- Abuse
- Threats
- Neglect
These offenses can be charged as either misdemeanors or felonies, depending on the severity and circumstances.
Consequences of a Domestic Violence Conviction
A conviction for domestic violence can have far-reaching consequences, such as:
- Mandatory Minimum Jail Time
- Victim Restitution Payments
- Participation in a Batterers’ Program
- Permanent Criminal Record
- Loss of Custody Rights
- Loss of Gun Rights
- Filing of a Restraining Order
The Role of a Newport Beach Criminal Defense Lawyer
Navigating a domestic violence charge requires a knowledgeable and strategic approach. A Newport Beach criminal defense lawyer can provide the expertise needed to build a strong defense, negotiate plea deals, and explore options for pre-trial diversion. By understanding the nuances of your case and the applicable defenses, an experienced lawyer can help you achieve the best possible outcome.
Contact an Attorney Today
If you are facing domestic violence charges, it is crucial to seek legal assistance immediately. Contact Chambers Law Firm at 714-760-4088 for a free consultation with an expert Newport Beach criminal defense lawyer. Our legal team is dedicated to providing you with the best defense strategy and protecting your rights.
Dealing with domestic violence charges is a daunting experience, but with the right legal support, you can effectively challenge the accusations and work towards a positive resolution. Reach out to Chambers Law Firm today to discuss your case and take the first step in securing your defense.
