Being convicted of domestic violence in any state comes with severe personal, legal and financial penalties. The defendant and their defense attorney have to create a valid legal strategy to use in a California court.
Lack of evidence
Many defendants undergo accusations and are never convicted due to lack of evidence. Proving that the plaintiff’s legal team does not have enough evidence to convict is the defendant’s strongest defense. This assertion is often made in the pretrial hearing.
Every criminal allegation must be investigated and proven in a court because not all suspects are guilty and not all victims are innocent. So-called victims might lie about being assaulted by a spouse or relative, and some accusers have been known to plant false evidence.
The defendant may respond that he or she acted in self-defense and hit their spouse after being threatened or hit themselves. Individuals who are charged with domestic violence may use this defense and claim that they wanted to protect themselves and their families.
Individuals who are intoxicated by drugs or alcohol, who suffer from memory loss or who have severe mental illnesses may have trouble identifying the correct suspect. Although it’s rare, it’s possible for the defendant to be the subject of a mistaken identity. This means that another person who physically resembles the suspect is the actual person responsible for the violent act.
The type of defense that an accused person and their attorney choose will depend on the type of domestic violence charge and the evidence to support it. It may be possible to get domestic violence charges dismissed or reduced.