Domestic Violence and Accomplice and Principal Liability
At the Orange County Law Office of David P Schwarz we are experienced domestic violence lawyers who have defended numerous cases involving accomplices to the commission of the crime. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at firstname.lastname@example.org.
A Domestic violence lawyer will make sure you understand the law concerning individuals who participate in a domestic violence act however are not the primary perpetrator but merely an assistant to the act. Under California law, everyone who participates in the commission of an offense is guilty of that crime. There is no distinction between a principal and someone who “aids and abets” in the commission of a crime.
A domestic violence attorney will aid their client through the court process and defend the allegations of accomplice liability Principals include all people involved in the commission of a crime, whether it be felony or misdemeanor. This includes those who directly or actively attempt to commit domestic violence or (2) those who aid and abet in its commission or attempted commission.
Accessory liability is a separate allegation and prosecution by the state of California and involves those defendants who assist after the commission of a crime. For a defendant to be guilty of aiding and abetting, someone other than the defendant must be shown to have attempted or committed the alleged act.
At the Orange County Law office of David P Schwarz we will make sure that that all the possible defense to the act of domestic violence are used to show that there was not accomplice liability and they connection between the alleged defendant and our client is tenuous at best. A person who aids or abets a crime is guilty of that crime even if someone else committed some or all of the criminal acts.
A domestic violence lawyer will delve deep into the mental state of their client and determine that there was not adequate intent on the part of the accomplice and therefore the charges are very weak and do not show their client to have any connection to the perpetration of the act by the defendant. When a person, with the mental state necessary for an aider and abettor, helps or induces another to commit domestic violence, that person's guilt is determined by the combined acts of all the participants as well as that person's own mental state.
An interesting note to the client is that if the prosecutor can show If that person's intent is more culpable than another's, his or her guilt may be greater even if the other might be involved than the actual defendant.
Another important factor the defense lawyer shall present to the prosecutor is that the mental state necessary for conviction as an aider and abettor is different from the mental state necessary for conviction as the actual perpetrator. The actual perpetrator must have the mental state required for each charged crime. The accomplice must act with knowledge of the principals criminal purpose and with an intent or purpose either of committing, or of encouraging or facilitating the commission of, the offense.
At the Orange County Law Office of David P Schwarz we are very aggressive defense lawyers who have dealt with many domestic violence accomplice liability cases. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at email@example.com.