When you are facing charges of domestic abuse in California, you need aggressive representation to ensure your rights are protected and you have a strong defensive strategy. Having an experienced domestic abuse defense lawyer will not guarantee a positive outcome, but it will improve your chances of minimizing the impact that this type of charge can have on your life.

The Law Office of Sheny Gutierrez will work closely with you to build a strong defense in your domestic abuse case.

Primary Defense Categories Against Domestic Violence

Our legal team will evaluate the evidence against you and look for answers to key questions that can help us formulate your defense, including:

  • Are there any third parties that witnessed the alleged abuse?
  • What does the police report say about the alleged incident?
  • What injuries does the accuser have?
  • Were there any signs of a struggle, such as ripped clothes or injuries of your own?
  • Was anyone under the influence of drugs or alcohol at the time of the alleged incident?

Based on the answers to these and numerous other questions, your attorney will develop a domestic abuse defense strategy based on one of the following categories.

You’re Innocent

If your claim is that you did not abuse your accuser, your attorney will build a defense that includes evidence to support this. Establishing a credible alibi and finding evidence to refute the accuser’s claims can be part of a defensive strategy based on innocence.

Your Accuser is Lying

If your current or former spouse or partner is making up a story about you abusing them, this strategy may be the best option. Perhaps they were abused by someone else, or they weren’t abused at all. If so, your attorney will try to establish that the alleged victim’s version of events is unsupported by the evidence and look for proof of your version of events.

The Injuries Were Accidental

In this situation, you aren’t denying that you injured the accuser, but you claim you harmed them unintentionally. Finding evidence to support your claim is crucial. Reconstruction of the scene can be helpful, as can eyewitness reports or video footage. The alleged victim’s injuries may also support your version of the events based on a medical expert’s opinion.

Self-Defense

In California, you are allowed to stand your ground against a threat or perceived threat, but the amount of force you use when defending yourself must match the level of danger you’re facing at the moment. If your accuser attacked or threatened to attack you first, your domestic violence defense lawyer may be able to present evidence to show you acted in self-defense.

No Proof Beyond a Reasonable Doubt

The prosecution must have enough evidence to prove you committed domestic abuse beyond a reasonable doubt. If the alleged victim won’t testify against you or if there is insufficient evidence to establish your accuser’s claims, your attorney may be able to establish this as a defense. When cases are based solely on one person’s word against another, prosecutors may have a difficult time reaching this burden of proof.

You Acted as a Result of Your Accuser’s Behavior

If you did assault or abuse your accuser, but you did so based on their actions at the time, this may be a legitimate defensive strategy. For example, if they were hurting your children, and it was necessary to restrain them or step in to prevent further abuse of the children, your attorney will look for evidence to support this version of events.

Police Misconduct Occurred

If the police violated your rights during your arrest or committed errors during their investigation, your defense attorney may be able to prove this misconduct and have your charges dismissed. Examples of police misconduct include:

  • They did not read you your Miranda Rights
  • Your request for an attorney was ignored
  • They did not record their interrogation of you
  • They did not have probable cause to search your home
  • The police report is missing information

Your attorney will carefully review how the police handled your arrest and their investigation to find any instances of your rights being violated or the police behaving negligently or unlawfully.

Contact an Experienced Domestic Abuse Defense Attorney Today

Obtaining legal representation as soon as possible after being charged with domestic abuse in California is recommended. At the Law Office of Sheny Gutierrez, we will begin working immediately to build a strong defense against your domestic abuse charges. Contact us today to schedule a free consultation.