Domestic violence has become a more pronounced criminal charge since the OJ case. Cities, counties and state agencies fear that if they don’t stop the violence, someone will be injured and the state will be responsible for not stepping up sooner to stop the crime. Yes, some cases of domestic violence are legitimate. For those who are involved in unhealthy relationships where physical and/or emotional abuse are at stake, it would be best to not continue with the relationship. However, for many, this is a difficult task. In any event, once the state is involved in the prosecution of the case, no matter now much the parties reconcile, the matter remains an issue before the court. The prosecution will maintain the criminal charges against you because they want an orderly society where violence does not occur within the home.
Often there are other cases in which someone is angry. The wife may have found her husband cheating. The relationship has had its ups and downs. Someone calls the police and accusations are made. Exaggeration is all too often present in these situations. Whether it is the husband, or wife, or boyfriend or girlfriend involved in this type of criminal case, it is important to have the proper defense to evaluate these cases. What we tend to find in these type of cases is that after the initial filing of the police report, whenever the victim attempts to lessen the severity of the incident, law enforcement, as well as the prosecution tend not to believe them. They believe that the victim is just trying to help the accused. Our job, at KIA LAW FIRM, is to do a thorough analysis of the facts that led to the dispute. There are viable defenses that can be used to assist in these type of cases. Often, we find issues of infidelity, child custody issues, immigration and other issues related to the stressors that may cause someone to falsely accuse another of a crime to gain an unfair advantage in a civil proceeding.
When it comes to Domestic Violence, the defendant/accused must be aware of what they can do to assist their own case. At KIA LAW FIRM, we will sit with you, listen to your point of view, and offer our assistance. There are a multitude of charges that can be applied in these settings, including, but not limited to, Penal Codes 273.5, 243(e)(1), 242, and others. Again, don’t plead guilty. Evaluate, review and discuss your case with an experienced criminal defense attorney.