Orange County Spousal Battery Defense Attorney

Maximum Penalties

A conviction on your record for violating 243e PC can result in a misdemeanor offense as well as up to 1 year in jail, a $2,000 fine, and informal probation for up to 3 years.

In addition, the court may require you to complete a batterer’s program as well as pay money to women’s shelters and the alleged victim for legal costs, therapy, and other expenses arising from your alleged incident.

Possible Defense Strategies for Spousal Battery in Orange County

No matter what your circumstance, there are possible defense strategies that you could use to help prevent a conviction.

No two cases are the same, and those who are attempting to have their case dismissed or obtain a not guilty verdict are encouraged to contact a skilled Orange County spousal battery defense attorney for further guidance.

Domestic violence law is complicated and may require an experienced legal professional to properly evaluate your situation.

The following are defense strategies commonly used by those facing penal code 243(e)(1) charges:

Wrongfully Accused

“Hell hath no fury like a woman scorned.” There are a number of cases where disagreements between intimate partners have resulted in false allegations of domestic abuse. If you are a victim of false allegations, I suggest an in-depth background check into your partner’s criminal history. Many times, those who make false allegations do so repeatedly against multiple individuals.

Self-Defense

If your domestic battery charges resulted during an incident in which you were trying to protect yourself, you may be able to have the charges against you dismissed. Unfortunately, many PC 243e1 incidences are a matter of “he said, she said,” but if you have some form of evidence to help support your claims you may be in a position to achieve a favorable case outcome.

Accident

If your spousal battery charge is the result of an accident, you may be able to use this to your advantage. If you did not willfully perform an act of force or violence, PC 243e1 does not apply to you.

Choosing the Best Defense in Orange County

Every case is different. The right defense in one case might be the wrong defense in a different case.

Choosing the best defense to spousal battery starts with the facts. Is this a “he said, she said” case or are there witnesses?

If physical injury is alleged, are the injuries confirmed by photographs or medical evidence? Is there an alternative explanation for any injuries that exist? Does the accused have an alibi?

Apart from factual defenses, it may be possible to assert legal defenses. Perhaps the alleged offense occurred beyond the court’s jurisdiction or happened too long ago to prosecute. Perhaps key evidence against the accused was obtained illegally. A number of legal defenses might derail the prosecution before the case ever gets to trial.

Many cases turn on credibility: Did the accuser make false accusations in the past? Does the accuser have a motive to get their intimate partner into trouble? Does other evidence prove that it is impossible for the alleged battery to have occurred in the way the accuser describes? Has the accuser been inconsistent when describing the alleged battery?

We’re Here to Help

Choosing the right defense puts the accused in a position of strength. When prosecutors fear losing a case, they negotiate more reasonably. Sometimes they dismiss a charge.

Having a strong Orange County spousal battery attorney can make the difference between a bad outcome and a good one.

Those facing charges for violating Penal Code 243 E 1 are invited to contact our law firm for a free case evaluation.

The PC 243(e)(1) Orange County spousal abuse attorneys at the Law Offices of Randy Collins are committed to providing top notch legal defense for each and every client that they represent.

Call (844) 807-8180 or send us a message to take advantage of a free consultation with one of our experienced Orange County spousal battery lawyers.