Probably one of the biggest factors in a San Fernando Valley domestic violence case relates to the injuries that are inflicted upon the other party. Obviously, the worse the injuries, the more likely the judge and prosecutor is going to want to send that particular person to jail and punish them. The smaller the injuries are the better off the person is who’s being charged with domestic violence.
Prior Criminal Record of Domestic Violence
Another big factors that they look for is whether or not the person has any prior criminal record. In other words, have they ever had a domestic violence case before or is this their first offense?
Obviously, the more times that somebody commits domestic violence or spousal abuse or injuries somebody that is their boyfriend/girlfriend, significant other, husband/wife, then the prosecutors and judge feel like they really need to step in and inflict a punishment that gets this person’s attention so they don’t do this anymore.
Domestic violence has really become a politically-charged crime, so prosecutors and judges are very careful about what they do. Other factors that they look at is what happened? Was the person who is being charged the aggressor? Does the person have any defenses?
Sometimes somebody is minding their own business; doing nothing and they’re attacked by another person, and in the process of defending themselves, the end up injuring the other party. If you could prove that, obviously you have a good defense to a battery domestic violence charge. Sometimes proving that is difficult because it’s your word against the other person’s word and a lot of times when you look at the other person they have some bad injury.
Real Domestic Violence Case Example
I had a case recently where my client got into an argument with his significant other and he said, you know what, I’m leaving. I’m not going to get involved in this. I’m not going to get myself in trouble and the significant other was blocking his way as he was trying to leave with his bag and he ended up, as he was going around her, she tripped and fell and hit a mirror near the door and cut her face open.
Neighbors heard the commotion, called the police, and now not only is he being arrested — he’s not being arrested for a misdemeanor — he’s being arrested for a felony, serious bodily injury/great bodily injury because of the cut to the fact. So, this is a serious situation, but fortunately the evidence was available for us to be able to show that she’s the one that caused her own injury and that all he was trying to do was defend himself.
So, if you’ve got this type of information — this type of evidence — then obviously you’re going to be in a strong position. But when it’s your word against somebody else’s word, sometimes that becomes difficult because you don’t want to be in a position where you’re trying to defend yourself and nobody else is there to see and the other party is hurt. That puts you in a very precarious position.
Reviewing Best Defense Strategy
So really, when you start to talk about what is the judge and prosecutor going to be considering in a domestic violence case, it’s something you need to discuss with your defense attorney, and it’s something that is going to spin on the particular facts of your case.
You can’t just have some cookie-cutter approach to every domestic violence case. You have to have an approach that takes into account what happened and you also have to be aware of whether or not the other person caused their own injuries.
Whether or not your client was simply defending themselves when all of this occurred and who the aggressor was, and then you can start to make the decision as to whether or not you’re going to fight the case in a jury trial or whether this is the type of case that needs to be resolved by way of a negotiated plea, and this is not always easy to decide.
That’s why you’ve got to decide it in conjunction with discussing it with your attorney and you’ve got to give your attorney all of the facts and details — even the facts and details that might be bad for you.
And the reason for that is, those facts and details are eventually going to come up and you want your attorney to now about them beforehand because a lot of times I’m able to counter some of the bad facts that are going to come up related to my client.
Retain an Experienced Domestic Violence Attorney
So, if I can counter those facts and a lot of times I can dispel them and show that they’re really not that important I the big scheme of things. Whereas, if those facts come up and I didn’t know about them, sometimes it’s very difficult to gather the evidence to be able to dilute those facts sufficiently so that they really don’t have some horrible impact on you related to your domestic violence case.
So, when you talk about these factors you’ve got to talk to somebody who’s got experience. I’ve been doing this twenty-five years. If you have a domestic violence case in the San Fernando Valley, pick up the phone and call the Hedding Law Firm. Let’s talk and we will figure out the best way to handle it and get you out of the criminal justice system as fast as possible.
Categorised in: Domestic Violence