If you have been arrested for Domestic Violence you should call the law office of gerald schwab. 559-441-1418. With more than 14 years of experience in criminal law, I have the experience to help you in what can be a very complex are of self defense in domestic violence cases.
If you have been arrested for Domestic Violence in Fresno Ca or anywhere else in the State of California you should know that you do have defenses if you have been charged with domestic violence charge.
Because of the domestic violence protocals law enforcement must arrest and take to jail suspects in certain circumstances. These include if there is visible injuries and there are several other circumstances where the officers must make an arrest. The effect of this law is that sometimes the wrong people actually end up in jail. we have defended several people where the initial aggressor ends up either slightly injured or severely injured after attacking our client. We have even had cases where the initial aggressor has made admissions to our investigator that they were the original aggressor and the arrested party was only defending themselves.
SELF DEFENSE IN DOMESTIC VIOLENCE CASES
Just like in any other battery type of case self defense is a defense to the crime of domestic violence. People in this country still have a right to defend themselves although it seems some legislators in California and other places seem to be upset about this.
You have the absolute right to defend yourself using reasonable force against an aggressor.
EXAMPLE
Debbie and Mark and involved in a verbal argument after a night of drinking. They come home and Debbie launches an attack against Mark accusing him of flirting with another women present at the bar they were having drinks at earlier in the evening. Mark shoves her away before she can cause any damage, eventually he grabs Debbies arms and leaves bruises on her arms. Debbie runs into the bedroom and call police. Police arrive see the bruising no damage to Mark and take Mark to jail.
This scenerio plays out all the time. We have had clients beaten and threatened and verbally assualted defend themselves only to be jailed there gun rights taken away, and put through the legal system based upon nothing more than the above mentioned scenerio.
This is why you need an experienced criminal defense attorney to help you through this type of situation or you can end up with severe penalties.
Even for a misdameanor conviction you will be ordered to complete a 52 week batterer intervention program, lose your gun rights for a period of ten years. and even if the charges are changed to different charges if they are considered domestic violence related you will still have to complete the 52 week batterer intervention program and lose your gun rights.
Also you could have a restraining order placed against you and have your parental rights affected.
Now one thing to note is that the avbove scenerio relates to reasonable force in other words you cannot use more force than is necessary to protect yourself.
EXAMPLE
Your wife or husband pushed you and you knock them out with one punch. A Judge or a Jury will have a hard time believing that you used reasonable force under these circumstances of course depending on the size of your signiificant other and other factors.
The main poin is that you should not ignore your defenses or the very real consequences to your conviction of domestic violence. In fact if you have questions give us a call at 559 441 1418 so that we can sit down and do a case evaluation.
