Los Angeles Criminal Defense Attorney BlogWhen Self-Defense Leads to Domestic Violence Charges
Domestic violence doesn’t occur in a vacuum; physical contact is rarely a one-way street where the assailant attacks while the victim does nothing. Our instinct is to respond physically to defend ourselves against an attacker, sometimes to the point of striking back accordingly. However, in California, when police respond to a domestic violence call and conduct an investigation, they are required by law to arrest someone if they see evidence that violence occurred. Unfortunately, sometimes, they make wrong assumptions and arrest the wrong person. Thus, it’s not uncommon for someone to be charged with domestic violence when they are actually defending themselves against their partner.
This is a challenging and complex situation to navigate. On one hand, you were simply trying to protect yourself in the heat of the moment. On the other hand, the evidence and common assumptions may work against you even though you are innocent. This wrong assumption can also be reinforced if your partner decides to “play the victim” to shield themselves from scrutiny.
That being said, if you were truly defending yourself, the law is on your side; you just need a skillful criminal defense attorney to navigate the situation. Let’s discuss this common dilemma and discuss your options.