Domestic violence and spousal abuse are serious charges that many individuals across Los Angeles and California are facing.  These charges involve one party using physical force against another, which is not reasonable under any circumstances.

In other words, it's not reasonable under the circumstances.  Usually, you'll see some sort of injury. Still, it's not completely necessary, and the legislature has really taken this issue up and put a lot of mandatory punishments on anyone who's convicted of a domestic violence-related offense.

California Penal Code 243(e)(1), domestic battery, is typically charged as a misdemeanor. California Penal Code 273.5, corporal injury to a spouse, is normally charged for more serious domestic cases when the victim sustains an injury.

Even if your case is reduced, the subject matter involved is domestic violence, which carries severe penalties. These penalties, such as losing the right to own a firearm for ten years, can have long-lasting effects on your personal and professional life.  Therefore, having strong defenses in place for these cases is crucial.

Self-Defense Argument in Domestic Violence Cases

One defense is certainly that you were just defending yourself.  Perhaps someone became angry, attacked you, and in defending yourself, you inadvertently caused injury to the other party.  If you can prove that and demonstrate that you were acting in self-defense, then that constitutes a complete defense to the crime.

The issue in these self-defense cases becomes whether or not you used reasonable force under the circumstances.  Sometimes, it's a he-said/she-said situation, and a jury is just going to have to sort it out.

Other times, the evidence doesn't support what the alleged victim is claiming, and that's a way to establish that your version of events is the true version of events.  So, self-defense is one defense.  It can be a complete defense to a domestic violence charge.

Another defense I see used is that, yes, I did argue with the person, but I wasn't the one who initiated the aggression.  I was acting within my legal rights.  I did push the person.  Maybe I hit the person, but again, it was in self-defense.

You could also have a defense against domestic violence if you're defending another person.  Let's say someone is attacking your child, and you defend your child, and in defending your child, the other party gets injured.  The defense of another can be a domestic to a domestic violence-related charge.

False Allegation

Another defense is I didn't do it.  In other words, I didn't commit any domestic violence against this person.  They don't have any injuries; I had nothing to do with it.  If they have injuries, the argument could be that I didn't cause those injuries.  They caused it to themselves.

Maybe somebody else caused them harm, but I wasn't the one who did it.  That's certainly a defense in a domestic violence case that you're not the one who did it.  Obviously, to be able to run that defense, you would have to be able to show that you didn't do or say anything that would support the fact that you did get in some sort of an altercation with the other party.

So, those are the main defenses when it comes to domestic violence cases in Los Angeles.  As far as specifics on how to defend the case, obviously, that's going to be left up to your attorney, depending on what the facts and circumstances are surrounding your case.

Your attorneys will make strategic decisions about what to do. However, they're going to keep you in the loop because your testimony and involvement in the case are not just crucial, but integral to the process. You want to make sure that your testimony fits in with the rest of the testimony and the cross-examination, the arguments, the witnesses, and the evidence that your defense attorney is putting in.

As the prosecutor's case is presented first, your defense attorney will cross-examine them, and then the defense has a chance to present any evidence.  Typically, the defendant's testimony is saved for last, assuming they will take the stand. This strategy enables the defense to present all the evidence first, before the defendant testifies, ensuring that every issue is addressed and that the defendant's version of events is fully supported.

So, if you're facing a domestic violence case, it's crucial to assess who the aggressor was and the evidence the prosecutor has. Having the best Los Angeles domestic violence attorney you can find is definitely in your best interest. With the right defense strategy, a not-guilty verdict is not just a possibility, but a real potential outcome for your case, giving you hope and reassurance.