Being charged with any type of domestic violence can change your life, whether you are convicted or not. This is doubly true when the charge is corporal injury on a spouse. The good news is that no matter how hopeless you might feel if you are facing these charges, there are defense options. Keep reading to learn about three defense options, and then contact Law Office of Michael L. Fell at (949) 585-9055 if you are in need of a free legal consultation.
- You Were Acting in Self-Defense
- There Was No Willful Act
- You Have Been Falsely Accused
It is not illegal to defend yourself. It is also not illegal to defend others. To use this defense, we must show that you believed that you or someone else was in imminent danger. We must show that force was necessary to stop the danger you and/or others were facing. We must show that the level of force you used was appropriate.
For example, if someone was shoving you and there was no indication that they were going to use additional force, then shooting them would not be appropriate force. However, if they had a weapon, then shooting them would be considered appropriate force.
This is only a crime if you willfully touched your partner. If the contact actually happened by accident, then this is a valid defense. For example, if you were angry and threw a glass against the wall, with no intention of hitting your partner, but a piece of the glass flew off and hit your partner, injuring them, this is not domestic battery because you did not hurt them willfully.
The above two options both suppose that your spouse was actually injured by you. Unfortunately, in some cases a person might accuse someone of domestic violence when there was no contact at all. They might do this if they are mad at the person they accuse, if they are trying to win a custody battle, or just to get revenge. In this case, we will work to show that the prosecution has not proven that you injured the alleged victim at all.
Potential Penalties for a Conviction
Conviction of this crime is a misdemeanor. This means that you can face as long as one year in county jail and fines of up to $2,000. Often, judges grant summary probation instead of jail time, which then requires the defendant to attend a batterer’s intervention program or similar, appropriate counseling program.
If you are facing any charge for a domestic violence-related crime, contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation as soon as possible. We are standing by to help you find the best defense option for the specific charge you are facing.