Domestic Violence Defenses in Los Angeles

Domestic violence accusations in Los Angeles are treated with extreme gravity, often resulting in swift and aggressive prosecution. Even in cases where evidence is marginal or the alleged victim expresses a desire not to pursue charges, law enforcement, and prosecutors may proceed, driven by a "no-drop" policy and a commitment to preventing future violence. This uncompromising approach necessitates a sophisticated and proactive defense strategy. 

Individuals facing domestic violence charges require the expertise of a seasoned criminal defense attorney who can navigate the intricacies of California law and effectively challenge the prosecution's narrative. If you have been charged with a domestic violence offense you need to get in touch with a skilled domestic violence attorney in Los Angeles. 

At Kraut Criminal & DUI Lawyers, we leverage our extensive experience in Los Angeles criminal courts to provide robust defense representation for those accused of domestic violence. Our approach is grounded in a thorough understanding of the law, meticulous investigation, and strategic advocacy.

• Self-Defense and Defense of Others (California Penal Code 692-694)
  • Self-defense is a fundamental legal principle that allows individuals to use reasonable force to protect themselves or others from imminent harm.
  • Legal Elements:
    • Imminent Danger: The accused must have a reasonable belief that they were in immediate danger of suffering bodily harm.
    • Necessity: The force used must have been necessary to prevent the perceived harm.
    • Proportionality: The force used must be proportionate to the threat faced. Excessive force is not justified.
  • Defense of Others: This defense applies when the accused acted to protect a third party, such as a child or family member, from imminent danger. The same principles of imminence, necessity, and proportionality apply.
  • Nuance: The "reasonable belief" element is key. What a reasonable person would believe in that situation is the standard. This allows for consideration of past abuse when determining if the accused was reasonable in their fear.
  • Evidence: Medical records, witness testimonies, and expert analysis of the dynamics of abuse are crucial in establishing self-defense.
• False Accusations and Fabricated Allegations
  • Domestic disputes are often emotionally charged, and false accusations can arise from motives such as:
    • Child custody battles.
    • Divorce proceedings.
    • Property disputes.
    • Revenge or jealousy.
    • Immigration-related motivations.
  • Defense Strategy: Thoroughly investigate the accuser's background and credibility. Examine prior disputes and interactions. Analyze phone records, emails, and social media posts. Identify inconsistencies in the accuser's statements. Cross-examine witnesses to expose ulterior motives. Present evidence of bias or motive to fabricate.
  • Expert Testimony: In cases of alleged psychological manipulation, expert testimony on coercive control or personality disorders can be invaluable.
• Lack of Sufficient Evidence
  • The prosecution bears the burden of proving guilt beyond a reasonable doubt.
  • Common evidentiary weaknesses:
    • Absence of visible injuries.
    • Inconsistent witness statements.
    • Lack of independent witnesses.
    • Absence of forensic evidence (DNA, fingerprints).
    • Police reports that are vague or contain contradictions.
  • Defense Tactics:
    • Scrutinize police reports, body camera footage, and 911 recordings.
    • Challenge the credibility of witness testimony.
    • Highlight the absence of corroborating evidence.
    • Present alternative explanations for the alleged events.
  • Forensic Challenges: Expert witnesses can be used to challenge the validity of forensic evidence or the interpretation of injuries.
• Accidental Injury or Lack of Criminal Intent
  • Not all physical altercations constitute domestic violence.
  • Defense Arguments:
    • The injury was accidental (e.g., a fall during an argument).
    • The action was unintentional (e.g., a reflexive movement).
    • A medical condition or prior injury was misconstrued as abuse.
  Evidence:
  • Medical records.
  • Expert medical testimony.
  • Eyewitness accounts.
  • Demonstrating the absence of "mens rea" or criminal intent is crucial.
• Mutual Combat and No Identifiable Aggressor
  • In some cases, both parties engage in a physical altercation.
  • Defense Strategy:
    • Establish that both parties were active participants.
    • Challenge the prosecution's assertion of a primary aggressor.
    • Present evidence of mutual aggression.
    • If the defendant's actions were defensive and not excessive, this can be a strong defense.
  • Witness Testimony: Obtaining impartial witness accounts is vital in these situations.
• Police Misconduct or Violation of Constitutional Rights
  • Law enforcement must adhere to strict legal procedures.
  • Common violations:
    • Unlawful arrest without probable cause.
    • Failure to provide Miranda warnings.
    • Coerced confessions.
    • Improper interrogation tactics.
    • Fabricated police reports.
    • Illegal search and seizure.
  • Defense Tactics:
    • File motions to suppress evidence.
    • Challenge the legality of the arrest.
    • Expose police misconduct through cross-examination and investigation.
    • 4th, 5th, and 6th Amendment violations are common areas of attack.
• Recanting Witness or Uncooperative Victim
  • Alleged victims may recant their statements due to:
    • Emotional distress.
    • Realization of exaggeration.
    • Reconciliation.
    • Fear of retaliation.
  Defense Strategy:
  • Highlight the inconsistency of the accuser's statements.
  • Use prior inconsistent statements to impeach credibility.
  • Emphasize the difficulty of proving guilt without the victim's cooperation.
  • Although the prosecution can still proceed, it weakens their case significantly.

Domestic violence cases in Los Angeles demand a nuanced and aggressive defense. At Kraut Criminal & DUI Lawyers, we provide:

• Thorough case investigation.
• Strategic legal advocacy.
• Expert negotiation skills.
• Proven courtroom experience.
• A former prosecutor's knowledge of the other side of the courtroom.

If you face domestic violence charges, seeking immediate legal representation is crucial.

• Office Address: 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028
• Phone: 888-334-6344 or 323-464-6453
• Available 24/7.