Unlike in years past, domestic violence charges are taken very seriously today and the consequences of a conviction can be far-reaching. There are a variety of defenses to charges of domestic violence. Once of those defenses is that it was an accident – that you never intended to injure the alleged victim. While that may, indeed, be a valid defense, it is imperative that you discuss it with an experienced San Diego criminal defense attorney before attempting to assert it to ensure that you don’t inadvertently convict yourself of domestic violence.
A conviction for domestic violence in San Diego is something that will go on your permanent record and can prevent you from obtaining employment, prevent you from owning a firearm, and may even negatively impact your rights to minor children. For these reasons, an accusation of domestic violence should be taken seriously from the moment the accusation is made. Sometimes, an injury truly was an accident. In the heat of a verbal argument you could have inadvertently injured your spouse/partner/boyfriend/girlfriend. While your lack of intent to injure the alleged victim could actually be a valid defense in court, it is imperative that you not assert this defense to the investigating officers or to the prosecuting attorney yourself.
In the United States we are guaranteed a number of rights in the U.S. Constitution and the Amendments thereto. One of those rights is the right to remain silent. If you are ever accused of domestic violence it is best to assert this right to remain silent until you have spoken to an experienced San Diego criminal defense attorney.
If you attempt to convince the police or the prosecuting attorney that “it was an accident”, you have admitted that you did, indeed, injure the alleged victim. Though it may be necessary to admit this crucial fact down the road in order to assert your defense of “accident”, that is a decision that can only be made after a lengthy consultation with your defense attorney. Once you have made an admission of such importance you cannot “take it back”. Although you may genuinely believe that you never intended to injure the alleged victim, admitting that you did so could result in a conviction for domestic violence and the accompanying consequences of that conviction. Therefore, if you have been charged with domestic violence in San Diego and wish to assert “accident” as your defense, consult with an experienced San Diego defense attorney first.
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- What to Do If You Are Accused of Rape - March 6, 2020
