Westminster Domestic Violence Defense Lawyer
Westminster Domestic Violence Defense Attorney
Domestic violence cases can be some of the most emotionally complex legal battles to face in the criminal justice system. These cases often involve accusations that carry some of the most severe consequences for anyone who is found guilty of this crime. However, not every accusation means you are automatically guilty. If you have been dealing with these allegations, a Westminster domestic violence defense lawyer can help defend you in court.
At the Law Offices of Christopher J. McCann, APC, we understand how devastating it can be to face charges of domestic violence. Our team has supported many others who have faced similar challenges in the past. You can rest assured that our team is dedicated to providing quality criminal defense strategies to help spot any inconsistencies in the allegations against you. We work diligently to help protect your rights and ensure you are treated fairly throughout the entire process.
What Defense Strategies Can Combat Domestic Violence Allegations in Westminster, CA?
When someone is facing domestic violence allegations, the quality of their defense matters. This will be an essential part of their case to help protect their rights and try to avoid some of the more severe punishments, like high fines and jail time. Understanding the different strategies available can help you and your Westminster, CA Domestic Violence Attorney work together on building a strong case.
Some of the most common defense strategies used include:
Self-Defense
One of the most commonly used defense strategies in these cases is to claim that you engaged in “violent behavior” to either defend yourself or someone else from a clear threat to their personal safety. If you have evidence to prove that a threat existed and you were acting to prevent that threat from happening, your actions could be justified under the law. Various evidence, like witness statements, can help demonstrate the root cause of why you acted the way you did.
False Accusations
It’s not uncommon to also find that someone has falsely accused someone else of domestic violence. This is especially true in contentious scenarios like a divorce or custody battle where one individual is trying to skew the perception of the other to try and secure a more favorable outcome. To defend against this, you must help disprove the allegations by presenting an alibi or demonstrating how the individual has an ulterior motive.
Lack of Evidence
All criminal cases require the prosecution to prove the allegations they are bringing forth are true beyond a reasonable doubt. If there is a lack of physical evidence to prove you engaged in violent behavior, it can make it more difficult for the prosecution to meet this burden of proof. When this happens, a Westminster Domestic Violence Defense Lawyer can make “insufficient evidence” integral to their strategy to raise doubts about the original accusations.
Consent
Depending on the circumstances of your case, you could also argue that the incident was a consensual engagement. This would mean that both parties were voluntarily involved in the altercation and, therefore, should not have all of the blame placed on one person. This is a less commonly used defense but can be an effective option if the evidence available suggests that both parties are equally responsible for what happened.
Mistaken Identity
Sometimes, a scenario is crowded with many different people. This can make it more difficult to know exactly who is responsible for an alleged abusive incident. When this happens, a Westminster Domestic Violence Lawyer will work to prove that their client was mistaken as the perpetrator. Providing evidence like surveillance footage where everyone can watch the incident happen from start to finish can help demonstrate that the wrong person has been accused of what happened.
FAQs:
Q: What Is the Domestic Abuse Perpetrator Program?
A: The domestic abuse perpetrator program is a specific rehabilitation program that was designed for individuals who have been officially convicted of domestic violence. It provides an opportunity for these individuals to work on their character and personal challenges to try and reduce the likelihood that they will engage in this behavior again. The program contains many different tactics, like group therapy sessions, to help change an individual’s harmful behavior.
Q: What Is the Most Common Argument of a Defense Attorney?
A: One of the more common arguments you will see from a defense attorney in domestic violence cases is that their client was acting in self-defense. Many of these engagements where someone has been accused of domestic violence are tense scenarios where multiple parties are feeling anger toward one another. If their client did not feel safe and felt like they needed to step in to protect themselves or someone else, a self-defense claim could be a compelling position to take.
Q: What Happens If I’m Accused of Domestic Violence?
A: If you have been accused of domestic violence in Westminster, CA, regardless of if you feel you are innocent, you still need to take the situation seriously. Seek legal representation immediately to start collaborating on a defense strategy that you feel will elevate the facts of the case in court to your favor. A defense attorney will be able to help you collect legally admissible evidence to challenge the allegations in an attempt to dismiss or reduce the charges you face.
Q: What Is Considered Emotional Abuse in a Domestic Violence Case?
A: Domestic violence is not always just physical in nature, as there are emotional elements as well that constitute abuse. For example, this can include someone being constantly criticized, humiliated, or under constant intimidation to control their behavior. Emotional abuse can be just as damaging as physical assault, as it can leave psychological scars on those who have been impacted. The court still recognizes emotional turmoil as domestic abuse.
Contact the Law Offices of Christopher J. McCann, APC Today
If you or someone in your family has recently been accused of domestic violence and is unsure how to start defending yourself, give us a call today. We have seen all types of these cases, providing us with years of experience that we can leverage to protect your rights in your own case. Contact us today to learn more about our legal services and how we can work together.
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