Fremont Domestic Violence Defense Lawyer

Domestic violence is defined as any abuse or threat of violence against a person to whom you are related by blood or marriage, who you cohabitate with, or who you are in an intimate relationship with. There are several criminal offenses that fit this definition. If you have been accused of or charged with domestic violence, contact a Fremont domestic violence defense lawyer quickly to better protect your rights.

Relationships between individuals are complicated, and when law enforcement is called to a domestic dispute or disagreement, they may not interpret the situation correctly. Domestic violence charges can be mistakes, misunderstandings, or false accusations. The charges can even be pressed against the individual who was the victim in the situation. Conviction of domestic violence crimes can alter the life, future, and reputation of an individual. Legal representation is crucial to avoid or limit these effects.

Domestic Violence Defense in Fremont

An effective defense attorney will be able to protect your rights and ensure you have legal support during this difficult time. At the Law Office of Louis J. Goodman, we have defended the interests of those charged with criminal offenses for over 30 years. We know these cases are very personal, delicate, and complicated. Our team works to protect you, your family, and the future ahead of you.

Our firm uses our experience in defense law to serve you effectively, but we are always aware that every case is unique and tailor our representation accordingly. We look for the ideal defense to your case and work both in and out of court to find an efficient resolution to your case.

How Domestic Violence Crimes Are Charged

Domestic violence crimes do not only refer to acts of physical abuse. Emotional abuse, psychological abuse, sexual abuse, and economic abuse are also considered domestic violence. There are several different crimes that are considered domestic violence offenses, including:

• Domestic battery
• Corporal injury to spouse or cohabitant
• Criminal threats
• Stalking and harassment
• Cyberstalking
• Child neglect and endangerment
• Child abuse
• Elder abuse
• Disobeying a domestic court order
• Kidnapping
• Rape

Some of these crimes are misdemeanors, others are felonies, and some could be either depending on the surrounding circumstances. When a crime can be sentenced as either a felony or a misdemeanor, factors that affect that decision include:

• The defendant’s criminal history and prior offenses in domestic violence
• The severity of the victim’s injuries
• The type of domestic violence crime committed
• Whether or not the victim was a minor under the defendant’s care

When a violent offense is charged as a felony, it is a strike under the state’s Three Strikes Law. Under this statute, a second or third serious and violent felony comes with increased penalties. If a domestic violence offense is someone’s subsequent offense, the penalties will be much more severe.

Possible Defenses for Domestic Violence Accusations

It’s crucial to work with a defense attorney to determine the ideal defense for your unique case. A good defense will have to be tailored to the circumstances of the accusations and your arrest in order to lower the penalties you face or get charges dropped. Some defenses that are common for domestic violence cases include:

• Self-Defense: A claim of self-defense is effective if you had a reasonable and imminent fear for your own safety or the safety of another. Domestic violence cases may have been charged against the wrong individual, or the violence was mutual. Depending on the situation, it may be a good defense.
• Lack of Evidence: The prosecution has the burden of proof to show that you are guilty of the crime. If there is insufficient evidence to prove this, the charges may be dropped, or you may be found not guilty. This defense can be useful when there is a lack of photo and video evidence, witness testimony, physical and medical evidence, phone calls, and other evidence.
• Alibi: This is a form of innocence defense. If you can prove you were not at the scene of the crime, you may be able to rely on an alibi defense.
• False Accusations: In some situations, domestic violence charges are the result of false accusations. An alleged victim may make these claims out of spite, a sense of getting back at the defendant, a misunderstanding, or another complicated situation. When parties are involved in litigation, domestic violence accusations could be made to sway the outcome of that case. This is especially common in divorce or child custody cases.
• Accidental: Domestic violence charges often rely on willful or intentional abuse or violence. If the injury was an accident, this could be an effective defense against certain charges.

Domestic violence crimes can result in criminal penalties, a criminal record, and a severe impact on your personal and professional reputation. Avoiding these penalties requires a good defense and a skilled attorney.

How Does a Defense Attorney Help Me?

If you have been arrested or charged for domestic violence offenses, you’ll want to find an attorney quickly. A defense attorney is the most effective way to avoid prosecution, as well as the many consequences of a criminal conviction. If you wait to work with an attorney, the legal process will only be longer. An attorney can help you with many things, including:

• Ensuring you understand the charges pressed against you
• Evaluating the case and investigating the claims or scene of the incident
• Keeping you updated on important changes in your case
• Negotiating with the prosecution for an out-of-court resolution
• Determining if the charges or certain evidence against you can be dropped
• Defending your reputation against these stigmatized accusations
• Providing you with a knowledgeable professional who is on your side and will protect your rights

Not every defense attorney has the skill and experience needed to navigate these complex cases. It’s important that you find the right defense attorney who can find the ideal solution for your case as efficiently as possible.

Reliable and Dedicated Defense Firm in Fremont

You have the right to legal representation when you are charged with a crime. Domestic violence accusations are serious and can negatively impact the rest of your life. The Law Office of Louis J. Goodman wants to stand up for your rights and protect your future. Contact our team today to learn what we can do for you.