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Possible Defenses in Domestic Violence Cases

Posted by Dan Kann | Dec 01, 2014 | 0 Comments

July 8, 2014

When an individual inflicts force or violence upon his or her partner, spouse or cohabitant, under the law it is known as domestic battery. Domestic violence convictions can result in serious criminal penalties. Under California Penal Code 243(e) (1), you do not need to physically injure your partner to face criminal charges. The prosecution will only have to show that you willfully inflicted violence or force upon your spouse or significant other. This act alone is a misdemeanor that can result in up to a year in jail, a $2,000 fine and up to three years of informal probation. Therefore, even though 243(e) (1) is only a misdemeanor, it can still be serious from the point of view of consequences.

If you are facing charges of domestic violence in Ventura, you must act quickly to build a solid defense. No two cases are the same, but there are many potential defenses that you may employ to have the case dismissed. Here are a few possible defenses for penal code 243(e) (1) in Ventura:

Self-Defense

If your partner attacked you and you only acted to protect yourself, you may be able to have the charges dismissed. These types of cases often turn into a matter of “he said, she said.” Unless there is ample evidence that you acted without provocation, you should be able to achieve a favorable outcome.

Accident

When arguments escalate, accidents can happen. In order to be convicted of domestic violence, the prosecution must show that you willfully performed an act of force or violence. For example, if you kicked an object during a fight and that object accidentally struck your partner that is an accident and not an act of battery.

Wrongfully Accused

Many cases of domestic violence result from false allegations. This is particularly common in cases involving spouses who are in the process of getting a divorce or are in the middle of a child custody dispute. Making false claims to make your partner look bad is wrong and the charges must be fought.

The prosecution will attempt to show that you willfully inflicted violence against your spouse, fiancé, mother or father of your child, or person you are currently dating. The allegation alone can affect you socially and professionally. It is important that you fight to protect your name. Do not accept the charges or even speak to the authorities without having a Ventura criminal defense attorney by your side.

About the Author

Dan Kann

Daniel E. Kann has devoted his entire legal career exclusively to defending individuals facing criminal prosecution in Southern California. Dan fights criminal cases throughout Los Angeles, Ventura, Orange, Kern, Riverside and San Bernardino Counties.

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Kann California Defense Group

Daniel E. Kann has devoted his entire legal career exclusively to defending individuals facing criminal prosecution in Southern California. Dan fights criminal cases throughout Los Angeles, Ventura, Orange, Kern, Riverside and San Bernardino Counties.

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