Defending False Accusations of Domestic Violence
Allegations of domestic violence are serious matters that the state of California does not take lightly. If a dating partner wants to end your relationship and you threaten them with physical violence, you could be charged with a domestic violence crime. If you throw the television remote at your spouse because they changed the channel from the big game, you could be charged with a domestic violence crime. If convicted of that charge, you face penalties.
California law enforces strict punishments on those found guilty of domestic violence crimes. If you are arrested and charged with a domestic violence crime, you might face jail time, a permanent criminal record, and emotional damage to your family and relationships. Unfortunately, false domestic violence accusations are more common than people think, and you may feel completely overwhelmed if you are facing unfounded criminal accusations. A skilled domestic violence lawyer can help you defeat baseless charges, clear your name, and move forward with your life.
If you have been falsely accused of a domestic violence crime, it is important to seek legal help as soon as possible. Contact Silver Law Firm in order to speak with an experienced lawyer about your domestic violence case. Attorney Elliot Silver has years of experience defending clients against false domestic violence claims, and he will fight tirelessly to ensure that your rights, freedom, and quality of life are protected.
Call Silver Law Firm at (510) 995-0000 today.
Domestic Violence Law and Penalties In California
Domestic violence crimes include a variety of violent or forceful offenses between people in specific, established relationships. The acts that you may be accused of include battery, assault, criminal threats, false imprisonment, and weapons crimes. All domestic violence charges in California relate to alleged victims and offenders who are in one of the following relationships with each other:
- Married or formerly married couples
- Parents of the same child
- Co-habitants, or those who formerly lived together
- Current or former dating partners
While the penalties for domestic violence can vary greatly by crime, they are all quite cumbersome. Many domestic crimes are considered to be “wobblers,” meaning they can be charged either as misdemeanors or felonies. If you are charged with a domestic violence felony, you may be facing years in prison and a fine of up to $10,000. A misdemeanor is punishable by up to one year in county jail and a fine up to $1,000. In deciding whether to charge you with a misdemeanor or felony, the prosecution will consider factors such as your criminal history and the extent of any alleged injuries to the complaining witness.
Why Would False Allegations of Domestic Violence Be Made Against You?
Sometimes it can be difficult to understand why someone you’re close with would falsely accuse you of a violent act. It is common for the accused to feel anger and hopelessness because someone they love would try to hurt them this way. You shouldn’t confront your accuser, as it could possibly result in further conflict and more charges being filed. No matter the details of your case, quickly hiring a defense attorney will help you address the false charges in an effective way. Some of the many reasons we have seen false accusations of domestic violence made include:
- Revenge – The alleged victim may want to get back at you over a perceived wrongdoing.
- Child custody – A child custody battle can become very ugly. By falsely accusing you of a domestic crime, the other parent may stand to gain more time with your child, at your expense.
- An ongoing divorce – Your former spouse may feel that an accusation against you will help them during divorce proceedings.
- Seeking to keep belongings or the home – Whether or not you were married to someone, they may try to force you out of the home by falsely accusing you of a violent crime.
- Mental or substance abuse issues – Your accuser may be dealing with drug or alcohol abuse or some mental challenge, and that may bear some responsibility for their false allegations.
We have seen many different reasons why false domestic allegations have been made, and our understanding of these highly personal situations will help in your defense of domestic violence charges.
False allegations of domestic violence crimes are devastating, and they can ruin your life. That is why it’s so important to retain the counsel of an attorney well-versed in California’s domestic violence laws. If you’re facing false allegations of a domestic violence crime, call Elliot Silver today. He is a lawyer who is always there for his clients, no matter the time of day. Call him in the morning or e-mail him at night with concerns about your domestic violence case, and he will answer.
Defending Against False Accusations of Domestic Violence
In order to provide you the best defense against false allegations of domestic violence, it is important to seek legal counsel as soon as possible. With the help of an experienced lawyer, you can begin to expose the lies and inconsistencies of your accuser’s story. Oftentimes an accuser will seem quite convincing to the police responding to a call, but after further questioning their story will fall apart due to lack of detail or unexplainable inconsistencies and contradictions. Of the many specific arguments that may work in your defense, some possibilities are:
- The incident in question did not include a physical altercation or a threat that would make someone reasonably fear violence or harm.
- You acted in self-defense, or in the defense of others.
- Your accuser’s injuries are, in fact, self-inflicted.
Silver Law Firm Will Help You
Being falsely accused of a crime can be one of the most stressful situations of your life, and false accusations of domestic violence can ruin your reputation. Domestic violence convictions can result in incarceration as well as fines. You also face the possibility of losing your job, damaged relationships with your family and friends, and losing visitation with or custody of your children.
If you are facing false accusations of domestic violence, you need an experienced defense lawyer to work on your case until your name is cleared. You need an attorney who will be your champion in and out of the courtroom, someone who will work tirelessly collecting evidencing and defending you. Attorney Elliot Silver understands that a false accusation held against you can be highly personal, and he will use his experience to help.
Contact Silver Law Firm at (510) 995-0000 today to discuss your case.