How To Beat a Domestic Violence Charge in California If Wrongfully Accused
In domestic violence situations, it starts with just an argument—stress from work, a bad day, tension building. Then, before you even realize what’s happening, voices are raised, things escalate, and suddenly… the police are at your door. Now, you’re facing a domestic violence charge, and what happens next could change your life forever.
I’m Nana Knight, a former prosecutor and board-certified criminal law specialist, and I’ve seen firsthand how these cases unfold. But here’s what most people don’t realize—there are ways to fight back. We’re breaking down three crucial strategies you can use to beat your domestic violence case and protect your future.
Strategy #1: Attack your case before you are even charged. How do you do this? Convince the prosecutor not to file charges against you. Remember, being arrested does not mean you are going to be charged with a crime.When you have been arrested, the police write a report but they don’t have the authority to file the case against you in criminal court. It is the prosecutor or the district attorney who reviews police reports and decides what charges, if any, should be filed. The prosecutor has the authority to file whatever charges they think are appropriate based on the fact and the law, and sometimes, they can decide to file no charges at all. Sometimes, the prosecutor will look at your police report and throw out the entire case.
If the prosecutor reviews your report and declines to file charges against you, this is a great outcome.
Using this first strategy of attacking your case before you are even charged, your attorney can provide the prosecutor character letters from people who know you, present your life story, especially if you have overcome hardships, any classes you have taken like counseling or therapy, any community involvement, proof of employment to show that you are a productive member of the community, and any other evidence to show the prosecutor that you are not a criminal. Your attorney can present your defense, and go into detail about what really happened during the domestic violence incident and hopefully, the prosecutor will agree that you should not be charged with a crime.
After being arrested, many people take a passive approach and sit and wait to see if what the prosecutor will do. You should not wait and instead, you should take on a proactive approach with your attorney to convince the prosecutor not to file charges.
Strategy #2 – ATTACK THE STATE’S INVESTIGATION IMMEDIATELY AFTER THE CASE IS FILED. When charges are formally filed, you now have to go to court. And when you go to court, you will get all the evidence that the prosecutor is using against you, including police reports, body worn camera videos, 911 calls, photos, statements by witnesses, sometimes even medical records. Your attorney will look at all the evidence the prosecutor is using to convict you, review everything with you and look for any inconsistencies, evidence of self-defense, mutual combat, alternative explanations of the injuries on the alleged victim, injuries on you that may show self-defense, evidence of prior lies by the alleged victim and evidence of lack of credibility by the alleged victim.
The body worn camera footage is especially important because the police report does not always match what is on the body worn camera. An example is if the police report states that you hit the alleged victim, but we review the video of the interviews and the alleged victim never mentions you hitting them.
Your lawyer can also gather more evidence that is helpful to you – interview witnesses, interview the alleged victim, collect past text messages, for example, videos, and pictures.
Your lawyer can look for problems in the law enforcement’s investigation, such as failing to interview eyewitnesses or failing to conduct important follow up steps. Your lawyer can provide this new information to the prosecutor as part of your defense. If the prosecutor is convinced that they can’t prove the charges against you, you have a good chance of getting your case dismissed.
Strategy #3 – EXPOSE THE TRUTH DURING A JURY TRIAL AND OBJECT TO THE EVIDENCE. When you take your case to trial, the prosecutor has the burden of proving that you are guilty beyond a reasonable doubt. This is a very high standard of proof and the prosecutor is not always able to meet this standard at the trial stage.
When you are in jury trial, you are trying to show the judge and the jury that the prosecution cannot meet its burden of proving your guilt. You can do that by exposing the truth of what really happened. Your lawyer will get an opportunity to cross examine the alleged victim to to expose lies, fabrications, inconsistencies, bias and the alleged victim’s character for violence.
This is also an opportunity for your lawyer to cross-examine the officers who did the investigation and point out defects in their investigation. For example, where there other witnesses at the house and the cops didn’t take the time or make the effort to talk to them?
Your lawyer can also object and keep out evidence that the prosecutor is using against you. For example, if the prosecutor is trying to play the 911 call for the jury or the judge , the prosecutor has to meet the technical, foundational requirements before the judge allows this call to be played in court for everyone to hear. Here your lawyer can object if the foundational elements of the call are not met and keep out the evidence that the prosecutor is using to convict you.
If you or a loved one is facing a Domestic Violence charge in San Jose or the surrounding areas in California, you need answers to defend your freedom and your future. We offer confidential consultations at (408) 877-6177 or check out the link in the description for free resources on our website to prepare your defense.
