Penal Code section 243 (e) (1) defines domestic violence battery as battery committed against a spouse, former spouse, cohabitant or former cohabitant, person with whom the accused has a dating relationship or a former dating relationship, the person with whom the defendant has had a child, fiancée or former fiancée.
To Prove the Crime of Domestic Violence Battery, the prosecution must prove, beyond a reasonable doubt, that the accused used:
Unlawful Force or violence, as in a regular battery, the crime of domestic violence battery is committed when the accused unlawfully uses force or violence. The use of force or violence is unlawful when there exists no privilege of self-defense or defense of other persons.
No requirement of physical injury. As in regular battery, there is no requirement that the accused has inflicted an injury on the victim to be guilty of domestic violence battery. An unlawful harmful or offensive physical contact is all that is necessary for a domestic violence battery.
LEGAL DEFENSES TO DOMESTIC VIOLENCE BATTERY
- Self-Defense or defense of others
The prosecution must prove that a defendant in a domestic violence battery was not acting in self-defense or in the defense of others. For example, a husband holds his wife’s wrists to prevent his wife from scratching his face. This is an act of self-defense. The prosecution would have to prove at trial that the husband was not acting in self-defense when he restrained his wife by holding her wrists. It is important to develop a self-defense/defense of others strategy in domestic violence battery stages at the very earliest stage of a criminal investigation. Please see below how Criminal Defense Attorneys, The Law Offices of Stephen R. Brodsky & Associates, carefully develop defense strategies of self-defense and defense of others.
To Express Anger and Get Revenge. It is typical in domestic violence prosecutions for the victim to lie, or recruit others to lie, about the facts of an alleged act of domestic violence. For example, if a husband is angry at his wife, or a wife is angry at her husband, either may falsely accuse the other of committing an act of domestic violence. If one spouse has been unfaithful or is about to leave the other spouse for another person, the rejected spouse or significant other will falsely accuse the rejecting spouse or significant other of domestic violence to deliberately harm the rejecting spouse’s employment, civilian and military career, revoke the rejecting spouse’s security clearance or professional license, and destroy the rejecting spouse’s reputation among his friends, family, and neighbors. This happens all too often in the military. When a vengeful spouse who has been rejected by a Navy or Marine Corp service member, the rejected spouse will falsely accuse the service member or domestic violence with the objective of destroying the service member’s military career. Many senior Naval or Marine Corps officers or non-commissioned officers have lost their careers and pensions from the false accusations of domestic violence made by a jilted spouse.
To gain an advantage in divorce and child support. Another common situation is when one spouse has filed, or plans to file, an action for divorce and seeks to gain an advantage in family court in winning full custody, protective orders as well as child and spousal support. By falsely accusing his or her spouse of domestic violence battery, an accused person may end up being falsely convicted of this crime. Thereafter, in family court, the falsely accused spouse would be on the losing end of issues such as child custody, child support, and spousal support. A family court judge would give full force and credit to the criminal conviction, any restraining orders made in the domestic violence battery case, in ordering child custody, support, and protective orders in favor of the accusing spouse. It is important to identify the ulterior motives of the accusing spouse in making false accusations. See below how the Domestic Violence Battery Defense Attorney, Stephen R. Brodsky & Associates defend against false accusations and builds defenses based on self-defense or defense of others.
- Self-Defense/Defense of others.
We regularly engage the services of a licensed professional investigator to fully develop the right defense for you. Our experienced professional investigators conduct interviews of potential witnesses who may have witnessed a violent encounter, have knowledge of previous threats of harm made by your spouse or significant other, or have knowledge of your spouse’s propensity for violent behavior. This defense strategy may very likely convert the alleged victim into the aggressor and lay the foundation for asserting self-defense and/or the defense of others.
Professional investigators will interview our clients, family, relatives, friends, neighbors and other important witnesses who will testify as to accusing spouse’s character for dishonesty and untruthfulness. This strategy will develop false accusations as a successful defense in your case. In domestic violence cases, whether securing sworn witness statements or examining a crime scene for clues that may prove important to the defense, a professional investigation is almost always necessary.
- Self-Defense/Defense of Others.
The Law Offices of Criminal Defense Attorneys, Stephen R. Brodsky & Associates, often engage the services of a licensed professional expert on the use of force and violence in self-defense or defense of others. Criminal Defense Attorneys, Stephen R. Brodsky & Associates often use retired or active-duty law enforcement professionals who are trained as experts in the lawful use of force in self-defense and the defense of other persons. At MyCriminalDefense, our investigators are former police detectives who have substantial experience in the use of force or violence in violent encounters.
We also use our licensed forensic psychologists to evaluate our clients’ cases for the presence of fabricated evidence and false accusations by the alleged victim. Psychological evaluations will often show that our client does not have the psychological propensity for violent behavior.
Although polygraph testing is inadmissible evidence in a criminal trial, we often ask clients to undergo polygraph testing in a completely confidential manner. If the polygraph examination presents a non-deceptive profile, we will disclose the polygraph testing results to the District Attorney, usually before the District Attorney decides whether or not to file charges against our clients. We have been very successful in using this strategy in the pre-file defense strategy discussed below.
LEGAL AUTHORITIES: PEOPLE V. MOODY (1943) 62 CAL.APP.2ND 18; PEOPLE V. MEYERS (1996) 61 CAL.APP. 4TH 328, 356; PEOPLE V. HUMPHREY (1996) 13 CAL.4TH 1173, 1182. CALCRIM JURY INSTRUCTION 841.
CIVILIANS CHARGED WITH DOMESTIC VIOLENCE BATTERY
Choose Criminal Defense Attorneys Stephen R. Brodsky & Associates to develop a defense strategy that will produce successful results at the right time. Our priority is to work as hard as we can to persuade the District Attorney to not file any criminal charges. We have a record of great success in getting criminal charges rejected. This is how we do it:
Pre-File Defense Services. The District Attorney or other prosecuting agencies have a sworn duty not to file criminal charges if there is any evidence that raises a reasonable doubt about a person’s guilt. Unlike most other defense attorneys, Criminal Defense Attorneys, Stephen R. Brodsky & Associates will not wait until the prosecution files charges against you. Criminal Defense Attorneys Stephen R. Brodsky & Associates will offer you a free confidential consultation to determine the appropriate legal defenses that will produce a successful outcome in your case. Veteran Criminal Defense Attorneys Stephen R. Brodsky & Associates, if necessary, will help you to engage licensed professional investigators and experts right away to conduct crucial defense witness interviews and expert evaluations. The work of experienced professional investigators and experts, augmented at times by favorable polygraph test results, is carefully examined by the District Attorney or other prosecuting agency.
The District Attorney has a sworn duty to reject or dismiss a case when there is not enough evidence to prove guilt beyond a reasonable doubt. Our goal is to develop evidence that raises a reasonable doubt and submit this evidence to the District Attorney. This is the most important focus of our initial defense strategy.
Pre-Trial Dismissal of Charges. The Law Offices of Criminal Defense Attorneys, Stephen R. Brodsky & Associates will pursue a strategy to persuade the District Attorney to dismiss charges before trial if charges have already been filed by the time you have consulted our office. Criminal Defense Attorneys, Stephen R. Brodsky & Associates will pursue the same exact defense strategies that they would have used in pre-file defense services. Licensed professional investigators and experts will be used to develop compelling evidence of your innocence by conducting crucial defense witness interviews and preparing expert evaluations of the evidence. WE HAVE FOUND, THROUGH MANY YEARS OF EXPERIENCE, THAT PROSECUTORS WILL NOT FULLY DEVELOP THEIR PROSECUTION STRATEGIES UNTIL THE LATTER STAGES OF A CRIMINAL PROSECUTION. THE DA SIMPLY DOESN’T HAVE THE MANPOWER OR RESOURCES TO WORK UP A COMPLETE EVALUATION OF ALL AVAILABLE EVIDENCE.
THE LAW OFFICES OF CRIMINAL DEFENSE ATTORNEY STEPHEN R. BRODSKY NOT ONLY HAS THE TIME TO DEVELOP THIS IMPORTANT EVIDENCE, BUT IT IS OUR LAW FIRM’S PRIORITY TO DEVELOP THIS DEFENSE EVIDENCE TO SUBMIT IT TO THE DA AT THE VERY EARLIEST OPPORTUNITY WITH THE GOAL OF PERSUADING THE DA TO DISMISS ALL CHARGES!
TRIAL SERVICES FOR CIVILIAN AND MILITARY CITIZENS WRONGFULLY CHARGED WITH DOMESTIC VIOLENCE BATTERY.
In a perfect world, the DA or other prosecuting agency have a sworn duty to reject or dismiss all charges if it is given compelling evidence that raises a reasonable doubt as to the truth of the charges. But we, like everyone else, know that we don’t live in a perfect world, and that the DA or prosecutor, even when given compelling evidence of innocence, will still pursue a strategy of gloom and doom. That is why you must choose an experienced criminal defense trial attorney like ATTORNEY STEPHEN R. BRODSKY to prepare a winning trial strategy based on compelling evidence of innocence. Mr. Brodsky is a proven criminal trial lawyer with over 25 years of criminal defense experience.
ATTENTION ACTIVE DUTY MILITARY SERVICE MEMBERS AND VETERANS!
San Diego is the second largest military community in the United States. With multiple Navy and Marine Corps bases like Camp Pendleton and the 32nd Street Naval Station in San Diego, San Diego has a huge community of active duty and veteran Navy and Marine Corps. Service members.
If you are a Navy or Marine Corps service member on active duty or a veteran of the armed forces, Our legal professionals will design and implement a defense strategy to persuade the District Attorney to reject or dismiss the domestic violence battery charges against you. The Lautenberg Amendment will automatically result in your discharge from the Navy or Marine Corps because it prohibits any person convicted of domestic violence charges (and other violent criminal acts) of owning, possessing or using firearms, even in an official capacity as a Marine or Navy service member. Our goal is to prevent you from being convicted of any crime falling within the Lautenberg Amendment. Whether by dismissal, not guilty verdict, or participation in a Veteran’s Court program, at MyCriminalDefense our goal is to keep your record free of convictions and arrests.
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