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Is Your Spouse Accusing You of Battery? What to Know to Defend Yourself
Is your spouse pressing battery charges against you for an altercation that happened, and you’re afraid that you’re going to go to jail and be branded a criminal? Finding a criminal defense attorney that has experience with battery charges and domestic violence cases is important, and you don’t want to talk with the police or provide any type of statement until you have legal representation.
If the situation got out of hand and you were injured as well, you may be able to work out a deal between your attorneys. You need to find out what type of charges your spouse is trying to pursue, and you want to cut off contact with them until the situation is resolved. Here are a few things you’ll want to understand that will be important for your case.
Domestic Battery vs Aggravated Battery
The domestic battery charge will be less severe than the aggravated battery charge. Your lawyer will aim to prove or convince the judge that you didn’t mean to cause any serious bodily harm that could permanently affect the victim, or to put the victim’s life at risk. Aggravated battery will look worse on your criminal record, and could lead to felony charges.
Proving the Act was Unwillful
Did the incident occur when the two of you were having an argument, or did the victim get hurt while you were defending yourself? If you can prove that the act was unwilfull, and that you had no intentions of harming the victim, this could be enough evidence to get you out of aggravated battery charges.
Showing Your Injuries
Do you have photographic evidence that shows you were also injured during the altercation, or eye witnesses that will contest that you were hurt as well? If you have proof that you were also harmed, then you may have enough evidence for a counter case, which your lawyer can use to get your spouse to drop the charges they are filing against you. Depending on whether the offending party has homeowners insurance, or other insurance, you may be able to hire a Los Angeles personal injury lawyer, and file a personal injury claim for damages.
Arranging a Plea
If your lawyer has looked at the evidence and doesn’t think they can get the charged dropped, they may encourage you to take a plea deal. The lawyer will negotiate the plea deal with the prosecutor, to try to keep your charges as minimal as possible, and to keep the fines low and to avoid jail time. The plea deal may include a no contact order, and the agreement to file for divorce or separation among other things.
If a domestic fight got out of hand and you are being charged for battery against your spouse, you want a lawyer to start working on the case right away, before your spouse starts to convince those around them, and before providing a statement to the police. If you didn’t have any intentions to harm your spouse and they harmed you during the fight, you want fight for your innocence so you don’t end up doing months in jail, or end up with the public thinking you beat your spouse.