Domestic Assault Charges

Orange County domestic assault charges are taken very seriously and can result in lifetime consequences - even for misdemeanor charges. Domestic violence charges do not require physical touching. You may be charged based on a threat, a perceived threat, or actually touching another person with any part of your body.

Domestic assault charges can be among the most difficult type of charges to defend against when someone wrongfully accuses you of threatening or assaulting them. Although the burden of proof is on the State to prove you committed a crime, the reality is that many defendants find themselves in a situation where they have to do more than simply disprove the State's case. Proving your innocence can be difficult, but may be necessary in some cases.

How to Prove Your Innocence in a Domestic Assault Case

Proving your innocence is not a formula that used in every case. How you go about proving your innocence depends on the facts of your case. Here are some of the more common fact scenarios that occur where innocent people are charged with domestic assault.

Self-Defense

You have the right to defend yourself against the physical abuse by other people. If you are physically attacked or threatened you are generally entitled to use a reasonable amount of force necessary to stop that attack.

Accidental Contact

It is not uncommon for one party involved in an argument or disagreement to choose to remove themselves from the situation until each party can collect their thoughts and emotions. If you made the decision to remove yourself from a heated situation and you unintentionally lost your balance, or otherwise had physical contact with the other person your actions may be misinterpreted as a domestic assault. The law typically requires you to have the intent to violate the law before you can be found guilty. Proving the contact was accidental proves you did not form the intent to break the law.

False Allegations

It is far too common for one party in a pending divorce or other disagreement to falsely claim they were abused by their partner, spouse or cohabitant. Through strategic investigation and cross-examination we strive to find the motivations for the false allegations made against you and expose the false claimant for the lie they told. Domestic assault is a serious allegation and false allegations hurt true domestic assault victims who often need the help and support of police and charitable organizations to break free from an abuser.

If you are being investigated for, or charged with, domestic assault there are some things you should to do protect yourself. First, do not speak to anyone but your lawyer about the claims made against you. Even your doctor can be subpoenaed in certain circumstances. Anything you tell anyone may be misinterpreted and used against you.

Secondly, do not assume that just because the person who made the allegation against you is being friendly to you now that the charges will be dismissed. Once the charges are filed the cooperation of the victim is not necessarily required, and prosecutor's are reluctant to dismiss the charges.

Third, contact domestic assault attorney Virginia L. Landry as soon as you find out an allegation has been made - whether you were arrested or not. Do not assume that you can talk your way out of arrest.

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Law Offices of Virginia Landry, Inc. - Orange County Criminal Defense Lawyer
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