CALIFORNIA CRIMINAL LAWYERS

Is Your Spouse Accusing You of Battery? What to Know to Defend Yourself

What to Do If You’re Facing Battery Charges After a Domestic Altercation with Your Spouse

Are you facing battery charges following a domestic altercation with your spouse, and now you’re scared of being labeled as a criminal and being incarcerated? You need a criminal defense attorney who has a wealth of experience with battery charges and domestic violence cases. It’s imperative that you don’t make any statements or speak with the police until your legal representation arrives.

If you were also injured in the scuffle, you may be able to strike a deal between your lawyers. Cut off all communication with your spouse until the case is sorted out, and determine the specific charges that they are aiming to pursue. To enhance your prospects of success, here’s what you should know.

Domestic Battery Versus Aggravated Battery

An aggravated battery charge is far graver than a domestic battery charge. Your lawyer will attempt to demonstrate or convince the judge that your actions didn’t cause substantial physical harm to the victim, or endanger their life permanently. A conviction for aggravated battery looks grimmer on your criminal record and might attract felony charges.

Establishing That Your Actions Were Unintentional

Did the altercation occur when you and your spouse were having a tiff, or did the victim get hurt while you were defending yourself? If you can prove that you didn’t intend to harm the victim and that the action was unintentional, you might have adequate evidence to avoid aggravated battery charges.

Presenting Your Injuries

Do you have photo evidence which demonstrates that you were also hurt during the altercation? Do you have eyewitness accounts that corroborate that you were injured as well? If so, you may have enough evidence to build a counter case, which your lawyer can use to persuade your spouse to retract the charges they filed against you.

Negotiating a Plea

If your attorney examines the evidence and deems it irrefutable, they may recommend that you strike a plea deal. Your lawyer will negotiate with the prosecutor to achieve minimal charges, reduce the fines and evade jail time. Additionally, the plea deal might contain a no-contact order, and you may have to initiate divorce or separation procedures.

In conclusion, if you’re facing battery charges following a domestic altercation with your spouse, you must take swift action to avoid getting falsely convicted. Contact a seasoned defense expert at once to ensure that you don’t incriminate yourself or say anything that could compromise your case. If you didn’t attempt to harm your spouse and they hurt you during the altercation, you have a right to fight for your freedom, so you do not waste time behind bars or gain undue public disdain as a spouse-beater.