In California, the state codifies the rights of the victim in a suspected crime. However, if you are accused of a crime, you still have rights, too. Calling someone a victim implies that a crime took place, even before the legal process makes a ruling. The protection of a “victim” may make it difficult to be a defendant in a domestic violence case. However, there are ways that a California domestic violence defense lawyer can help you to exercise your rights and defend your case.
California Rights of a Victim
In California, crime victims have several rights. In fact, the state outlines these in a Victims’ Bill of Rights. Some of these rights could impact the defense of your case. For instance, victims have the right to refuse deposition, discovery requests, or interview invitations by the defense attorney or defendant. These and other rights are designed to keep the defendant from contacting the alleged victim of a crime. However, they can make defending the case difficult. An attorney versed in California law can ensure that building your case remains within the law.
Rights of the Defendant in a Domestic Violence Case
As a defendant, you still have rights. Even if the rights of the victim prevent you from returning home during the legal process, you are not alone. In fact, your defense attorney can help to protect your rights during the process and keep you aware of what you can and cannot do.
Possible Defenses in Domestic Violence Cases
There are several strategies that a lawyer can use to help you with your case. Because each case is different, no two defendants will follow the same process. However, defense attorneys have several possible options to help you.
First, they could find ways that the case is not actually an instance of domestic violence. For instance, the victim could have sustained injuries in another way, such as an accident or something other than the defendant’s actions. The defendant may have been defending themselves or another person. Lastly, in some cases, false accusations could lead to domestic violence charges against the defendant.
Another possible way to help the case is through pre-trial diversions or plea bargains. The attorney will discuss all possible options for the defendant’s specific case before choosing the best course of action.
Contact Steven K. Bloom for a Defense Attorney Experienced in Domestic Violence Cases
If you have been accused of domestic violence, you still have rights. Contact the Law Office of Steven K. Bloom to get a legal adviser to help with your case. Don’t let the situation overwhelm you. You can get legal counsel to assist you with your case.
Sources
https://skbesq.com/domestic-violence/
https://oag.ca.gov/victimservices/content/bill_of_rights
https://www.cdcr.ca.gov/victim-services/marsys-law/
https://www.shouselaw.com/ca/defense/laws/domestic-violence/
