Our Approach to Domestic Violence Charges
When I represent you as your Sacramento domestic violence attorney, I feel it is my duty to make sure your version of the events is known. Most domestic violence cases are simply disagreements which get a little out of hand. Most people involved in these situations don’t even expect that a domestic violence arrest (and subsequent charges) will result. Unfortunately, once the police and the prosecution become involved, a domestic disagreement usually evolves into a big problem.
Many domestic violence “victims” mistakenly believe that the prosecutors work for them. This misconception should be cleared up. The prosecution does not act as the alleged victim’s attorney in a case. Rather, the prosecution works apart from the alleged victim in an attempt to enforce the laws of the state. This means that even if the alleged victim has a change of heart, or doesn’t feel harsh punishment is warranted, the prosecution is free to disregard that sentiment and seek the result it desires.
What Should You Do If Accused of Spousal Abuse?
Being accused of a domestic violence crime is a very serious matter. One can be charged for this offense at a felony or misdemeanor level. Aside from possible jail or prison time, a convicted person may have to take a batterers treatment program, pay fines, and could even lose the right to own a firearm. People who are immigrants can even lose their legal status. Thus, if you are charged with a domestic violence offense, or even just believe that charges will be filed, it is important to fight the case aggressively.
It is true that there are some domestic violence cases that are very tragic. However, some domestic violence charges are simply cases of over reaching. Law enforcement and the prosecution are inclined to think that every little accident that happens in the home is really a case of domestic violence. A verbal argument accompanied by the slightest physical contact could be interpreted as a case of domestic violence. In some cases, certain spouses even make false accusations of spousal abuse to carry out revenge against the other person.
Preparing a Defense to D.V. Charges
Make no mistake! Domestic violence cases are more complicated than you think. If you are faced with this type of crime, you’ll need an experienced attorney. Ideally, you’ll get an attorney who has experience prosecuting these cases. As a former prosecutor, the attorney at our office has an inside perspective of how the prosecution works in these cases. The attorney will make sure your side of the story is communicated, and will ensure that you are treated fairly throughout the process.
A proper defense in these cases requires many hours of independent investigation into the incident. The version offered by law enforcement needs to be scrutinized and compared with the facts uncovered by the defense investigation. At this law office, the attorney will have all the appropriate investigative work done to get the whole story. He’ll try to find things that can help prove that the prosecution’s version is not 100% accurate. He’ll also work hard to obtain a dismissal when possible, or at the very least to negotiate on your behalf for a more favorable result.
If you find yourself arrested or accused of domestic violence, contact us right away. It is also a good idea to retain an attorney even if you just suspect that a domestic violence charge is impending. Call our office any time to discuss the situation with the attorney.