Some individuals are not aware that there are differences between “battery” and “domestic battery.” Battery can be a less personal crime and does not depend on the relationship between individuals. Domestic battery, however, refers to violence that occurs between two people with a special relationship including spouses, fiancees, parent and child, family members, or cohabitants. To be convicted of domestic battery, no visible injury is required. The penalty for domestic battery is a maximum of a day less than a year in county jail and a fine of $2,000.
Because the statistics behind domestic violence are alarming, California law enforcement zealously pursues violators of domestic violence laws. Domestic violence laws in California are designed to severely punish individuals who break them. This article will provide various pieces of advice to help others who are convicted of domestic violence charges in California:
- Abide by Court Orders: If the court issues “no contact” or other types of orders, it is in your best interest to follow these orders. To ensure that the least negative effects possible arise from your case, it is imperative that you adhere by these orders.
- Apologize: If there are no limitations from the law in your case, reach out to your victim to apologize but make sure that no additional conflict or tension is created.
- Specialized Attorney: Hire an attorney who specializes in domestic violence cases and has a track record of helping others in similar situations reach positive results. Be sure that this attorney has the ability to negotiate matters with prosecution to make sure that the least substantial charges are received.
- Self Defense: If you can argue that your behavior was self defense because you were concerned about your own safety, then you are likely to receive lesser charges or perhaps no charges at all.
- Protecting a Child: If you can demonstrate that your behavior was done to protect a child or another person, then the court is likely not to consider your behavior domestic violence and will instead act towards lessening the charges against you.
- Factual or Legal Justification: If you can demonstrate that you were acting with some type of legal justification or if your behavior was performed to protect some type of protected class then you are likely to not be charged with a domestic violence crime. If you could also prove that the facts demonstrate that you did not physically injure the victim then a conviction is also likely not to be merited.
- Procedural Error: Another type of defense can be found if you can argue that your constitutional rights were violated while receiving the domestic violence charge then there is a likelihood that the case should be dismissed.
- Questionable Character: If the character of the victim in question is suspicious then this character trait must be brought up in court. By attacking the questionable victim’s personality then you can decrease the jury’s ability to trust the victim.
If you find yourself facing a domestic violence charge, do not hesitate to contact the skilled criminal defense attorney Sean Leslie.