Domestic Violence and Self Defense
The Law Office of David Schwarz handles many domestic violence cases in Orange County. I am a very experienced domestic violence defense lawyer. We have defended many people charge with domestic violence based on the use of self defense.
The argument of self defense in a domestic violence case is a strong position to assert when being charged in with a domestic violence crime in Orange County. A seasoned domestic violence attorney will be able to win a case knowing that the self defense laws in Orange County can get a criminal case against a defendant dismissed or reduced to a lessor charge.
There are several factors to remember when asserting the self defense position in Orange County Courts. The following general conditions of the privilege of self-defense are important to remember.
There is a self defense privilege called necessity. This must be asserted when there is an honest and reasonable belief that you are in an apparent peril such as your life is threatened or are in imminent danger from injury from your spouse. A well qualified domestic violence attorney in Orange County will be able to use this self defense privilege to refute the domestic violence allegations.
If you have the necessity to use self defense you must use reasonable amount of force so that the Orange County Courts find that you are credible when you use self defense. Interestingly whether the force is deadly force or nondeadly is not the definitive issue the Courts decide if force was reasonable.
Of course the perpetrator of the threat against yourself must be doing an act that would be considered illegal to the Orange County Courts.
In addition, often people hear of the “stand your ground” issue that appears in the media. This self defense position is a valid self defense argument. A domestic violence lawyer such as the Law Office of David Schwarz in Orange County will be able to effectively use this defense. That means you do not have to retreat first before using self defense.
It is also an important point to make that if a person is the aggressor in the altercation with the perpetrator the Orange County Courts will not give the aggressor the comfort of claiming Self Defense. Thus it is important that you hire a very skilled Domestic Violence lawyer to artfully negotiate the Self defense argument with the District Attorney or the Court.
If the use of self defense is misused and a mistake occurs during its use the argument of transferred intent can be used. This safeguards the legitimate use of force as self defense which mistakenly harms an innocent third party. That way a person can use self defense without the fear that someone else might mistakenly get injured.
Ultimately, what is most important to asserting the Self Defense claim in an Orange County Court is to hire a well qualified Domestic violence attorney such as the Law office of David P. Schwarz. Please contact our office at 949-735-9266 for an consultation. In addition, contact our Orange County office on the web.