Defenses to Domestic Violence Accusations Discussed by an Experienced San Diego Domestic Violence Lawyer

 Because of the nature of the relationship between two people involved in an alleged domestic violence incident, the legal system provides for a higher level of punishment than if the altercation occurred between two strangers or acquaintances. Because of this heightened level of punishment, it is important to understand your possible defenses and be adequately prepared to aggressively combat your domestic violence charges. California's law is designed to "encourage" police officers to make arrests for domestic violence if probable cause is found. A simple statement from an alleged victim may be sufficient to provide probable cause and for this reason, allegations and arrests for domestic violence are quite prevalent. If you feel you were wrongly arrested for domestic violence or you would like to discuss your strongest defenses with an experienced San Diego Domestic Violence Lawyer, contact Ashby Sorensen today.

 What Constitutes as Domestic Violence and Domestic Battery

It is important to first understand what qualifies or constitutes an arrest for domestic violence. As previously stated the nature of the relationship between the two parties is the core characteristic that defines the crime. California law states that a victim of domestic violence can be any of the following, a current or former spouse, the other parent of the accused's child, a current or former "cohabitant," a fiancé or fiancée, or a current or former partner in a dating relationship. Domestic battery occurs when there is use of force or violence against another person. If that person can be categorized as one of the aforementioned types of people, the potential sentence for a misdemeanor battery may double. Also, making a threat of violence can land you in jail and court as well.

 Defenses to Domestic Violence Allegations in San Diego

Oftentimes, a large percentage of domestic violence accusations are false or exaggerated. For this reason, and the fact that a court may find it hard to favor an alleged domestic violence offender, it is important to prepare yourself with an aggressive defense. Because the California Penal Code does not require proof of injury to charge a person with domestic battery, the possibility of being arrested for domestic battery can be very high. For these reasons, certain defenses such as a lack of proof, wrong suspect, false allegation, self-defense or consent may be possible defenses to domestic violence charges. If you have been accused of domestic violence, it is important to solidify a strong defense in order to protect your reputation, your record and your freedom.

 A San Diego Domestic Violence Lawyer Can Help With Your Charges

If you feel you have been falsely accused of domestic violence and are worried that you will be convicted and lose your freedom unjustifiably, San Diego Domestic Violence Lawyer Ashby Sorensen can help you protect your rights. His years of experience and knowledge of California law will contribute to your case's success. Call (858) 999-6921 now to schedule your free consultation and speak with San Diego Domestic Violence Lawyer Ashby Sorensen today to review your options.

 

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