Beating a domestic violence charge in LA nowadays is not an easy task. The prosecutors don't' give up. They're relentless in their pursuit of trying to help and protect those people that they perceive as victims of domestic violence. However, if someone is lying about the case and not telling the truth or has some secret motive to accuse you of domestic violence, obviously that would be the beginnings of trying to defend the case.
I think that one of the most important things if you're going to try to beat a domestic violence case is have a theory for why the other person is claiming that you did something wrong. It could be because there's a divorce. It could be because there's a child custody dispute. It could be because the other party is actually the one who committed the domestic violence against you, and so they had to make up a story that you did it first in order to avoid getting arrested themselves. It could simply be a case of what I would characterize as mutual combat. In other words, people get angry with each other, ‘they agree to fight and that's the end of it; Just because one party wins the fight or inflicts more damage against another party doesn't necessarily mean that they're guilty of domestic violence. If you go too far in a domestic violence situation, in other words, somebody slaps you and then you get a weapon and shoot them or stab them, that force is too harsh under the circumstances and you're not going to be able to assert a self-defense claim in your domestic violence case.
Develop an Effective Strategy
There's all sorts of different angles to beat a domestic violence case. They really hinge upon the -facts of the case. So, what I have you do is, you come in, we sit down and we go over everything and really what I'm looking for is your version of what happened. A lot of times in these domestic violence police reports for some reason or another the police decide to just do a one-sided report. I figure, why not give the prosecutor when you send it to him all the information for them to make the decision on whether to file a case or not.
A lot of times you do have honest police officers who really try to seek the truth and get all the information related to a particular situation, give it to the prosecutors and a lot of times prosecutors decide, you know, we're going to have a City Attorney on this one. I'm not really sure if somebody really should get hit with a domestic violence charge on this particular case. And if that's the circumstance then you're in a much better position to try to get a dismissal in the matter and avoid a conviction for domestic violence. So, depending on your circumstances of your case and depending on what defenses you might have, that is probably going to dictate whether or not you can beat your domestic violence case.
Honest Assessment of Your Case
But I'm always honest with people. I give them a genuine assessment of the strength and weakness of their case, and ultimately, it's up to them whether they want to make a run at trying to beat their case if the facts and circumstances are there. A lot times I see people say crazy stuff related to a domestic violence case. That's another way to beat a case. Let's say a wife says that a 230 pound husband punched them as hard as they could in the face and there's no injuries to the face. That's a problem. That is a factual problem that is going to be exploited by a good criminal defense attorney who's seasoned at fighting these domestic violence cases.
So, pick up the phone now and call a domestic violence lawyer at our office. Call me and talk to me about it. I've done hundreds, if not thousands of domestic violence cases over the last twenty-five years. I've had a lot of success. I tell you the truth about what I believe is the right way to handle your case and ultimately, you will make the final decision.
