Facing a domestic violence charge in Compton is a significant challenge with far-reaching consequences. At the Simmrin Law Group, we understand the seriousness of such situations, especially when false accusations are involved. Our Compton domestic violence lawyers are ready to provide the unwavering support and advocacy you need.
Our Compton criminal defense lawyers have decades of experience with handling the intricacies of domestic violence law in California. We approach each case with skill and confidence. Let us meticulously examine every detail to ensure that your perspective is heard and defended with the utmost professionalism and dedication.
If you or a loved one is facing a domestic violence case, you don’t have to face it alone. Our experienced legal team is here to help you navigate the nuance of California’s legal system. Experience how we protect your rights and pursue the best possible outcome for your case.
Understanding the Different Types of Domestic Violence Charges in California
California’s domestic violence charges can vary in severity, and each type of charge carries its own legal implications and potential consequences of being a misdemeanor or a felony domestic violence charge.
Understanding the nature of the charges against you will help our attorneys develop an effective defense strategy.
In California, there are several specific types of domestic violence-related charges that you could face as an offender, including:
- Domestic Battery: This common domestic violence charge involves using force or violence against an intimate partner or family member according to California Penal Code 243(e)(1).
- Domestic Violence Criminal Threats: According to California Penal Code 422, this includes making criminal threats to an intimate partner or family member with the intent to cause them to fear for their safety.
- Elder or Dependent Adult Abuse: California Penal Code 368 recognizes domestic violence against an elder (65+) or dependent adult by a caregiver or family member.
- Corporal Injury to Spouse/Cohabitant: California Penal Code 273.5 lists this as intentionally inflicting a visible injury on an intimate partner, such as a spouse, cohabitant, or dating partner.
- Child Abuse: Under California Penal Code 273d, child abuse means inflicting cruel or inhuman corporal punishment or injury on a child within a domestic setting.
- Violation of a Domestic Violence Restraining Order: This includes breaking the terms of a restraining order intended to protect a domestic violence victim under California Penal Code 273.6.
For a free legal consultation with a domestic violence lawyer serving Compton, call (310) 896-2723
How Do Law Enforcement Determine Whom to Arrest in Domestic Violence Cases?
The decision-making process can be arbitrary in numerous instances. When police officers are called to a domestic disturbance, they typically strive to act in good faith.
However, lacking full context or prior knowledge of the situation, they are forced to make rapid judgments on whom to trust—and whom to apprehend—with limited information.
Several factors influence the police’s arrest decisions, including:
- Gender Stereotyping: The common perception of domestic violence involves a man assaulting a woman. While this is not always the case—any gender can be an aggressor towards any other gender—police often side with the woman in a heterosexual couple and arrest the man, even if he acted in self-defense or if the narrative is fabricated.
- Priority of Call: There is a tendency to assume that the individual who dialed 911 first felt threatened. However, this assumption is not always accurate. A person might contact the authorities to defuse a situation or as a coercive tactic, leading to the arrest of an innocent party.
- Visible Injuries: If one partner displays visible injuries or appears more harmed than the other, police tend to believe that individual. This overlooks the possibility that the uninjured party may have acted defensively or that certain injuries, such as head trauma, may not be immediately apparent.
- Emotional State: Law enforcement may lean towards believing the partner who exhibits distress, such as crying or trembling. This bias is particularly unjust towards men, who may be less inclined to outwardly express their emotions, even if they are internally distressed.
- Perceived Aggression: Even if you did not engage in violent behavior, feeling cornered or defensive when the police arrive can lead to a heightened sense of defensiveness. As tensions escalate, your defensive reactions may be misconstrued as aggression, resulting in your arrest despite your innocence.
While many of these scenarios stem from genuine misunderstandings, there are instances of deliberate manipulation. Some individuals exploit the dynamics of domestic violence allegations as a means to harm or manipulate their partners.
Being arrested does not equate to guilt or inevitable conviction. Therefore, it is advisable to challenge your case by consulting with a Compton domestic violence attorney from the Simmrin Law Group.
Compton Domestic Violence Lawyer Near Me (310) 896-2723
Common Defenses Our Compton Domestic Violence Attorneys Employ
Legal strategies commonly used for alleged domestic violence offenders in California include:
Challenging the Evidence
One common strategy is to challenge the prosecution’s evidence. This may involve questioning the credibility of witnesses, disputing the accuracy of physical evidence, or highlighting inconsistencies in the prosecution’s case.
Self-Defense
If the defendant acted in self-defense or defense of others, this defense strategy can be used to justify the actions taken during the alleged domestic violence incident.
False Accusations
Allegations of domestic violence can sometimes be fabricated or exaggerated. The defense may seek to demonstrate that the accusations are false and lack credibility.
Lack of Intent
If the defendant did not have the intent to commit domestic violence or did not knowingly engage in abusive behavior, this lack of intent can be used as a defense strategy.
Alibi Defense
Providing an alibi to show that the defendant was not present at the time of the alleged domestic violence incident can be a defense strategy to refute the accusations.
It is essential to work closely with a knowledgeable criminal defense lawyer in Compton to determine the most effective legal strategies for contesting domestic violence charges and building a strong defense tailored to the specific circumstances of the case.
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Get Urgent Legal Protection from a Compton Domestic Violence Lawyer
Being accused of domestic violence can impact the trajectory of your life. The gravity of this charge shouldn’t be handled alone or placed with a public defender who may not be able to provide the attention your case deserves.
For urgent and discrete legal help, contact the Simmrin Law Group immediately. Our domestic violence lawyers in Compton are waiting to help you.
Call or text (310) 896-2723 or complete a Free Case Evaluation form