When You’re Arrested for Retaliating Against an Abuser

By San Diego Attorney on February 15, 2023

Victims of ongoing domestic abuse who eventually fight back against an abuser may be facing criminal charges. This shocking state of affairs came about due to the extremely harsh set of laws regarding domestic abuse in California.

Arrested on a domestic violence charge after retaliating against an abuser in San Diego? Contact jD Law Criminal Defense Attorneys today at (760) 630-2000.

Was it Retaliation? Was it Domestic Violence?

Those who are in abusive relationships often live with constant abuse, which can occur over months or years. At some point, a victim may reach a breaking point, and fight back. It could be assumed that the act taken was self-defense, but the court may not see it that way.

For such an act to be considered self-defense, it must be proven the accused had a reasonable fear of harm or death. The amount of force used in fighting back must be “in proportion” to the type of domestic abuse endured. State law doesn’t differentiate acts of violence based on which party committed the act, unless it can be clearly established the act was in self-defense, which can be challenging.

After an Arrest: Every Word You Say Matters.

If you have been arrested for a domestic violence offense, your actions after the arrest can have a significant impact on the type of charge and the penalties imposed in a conviction. You have the right to remain silent – and must exercise this right if you are arrested. You need an attorney by your side to protect you when questioned by law enforcement officers or police investigators. At jD Law Criminal Defense Attorneys in San Diego, we offer an exceptional level of experience in criminal defense. Our founder is a former Los Angeles Police criminal investigator and is certified as a Specialist in Criminal Law.

The Right San Diego Domestic Violence Lawyer? It Matters.

Your San Diego domestic violence defense attorney is the one individual standing between you and the full force of California’s criminal justice system. Say nothing, other than giving your name and other basic information. Tell law enforcement you want an attorney, and they must stop questioning you. Many people have found themselves in serious trouble by cooperating with police, with their words used against them – don’t take chances with your freedom and rights.

Avoid speaking with others about what occurred, never post anything on social media regarding the case or the situation. Phone calls can be recorded, and social media scoured for any information that could be used against to bolster the prosecutor’s case. When represented by jD Law Criminal Defense Attorneys, you can trust that your rights and interests will be protected at every stage of the criminal justice process.

What are the Consequences of a Conviction?

If you are convicted of a San Diego domestic violence offense, you could face serious repercussions, some of which could impact your life forever. The penalties imposed in a domestic violence case vary, based on the type of incident.

Some of the penalties for charges of domestic battery, or inflicting corporal injury on an intimate partner can include:

• Mandatory jail time
• Requirement to attend and complete domestic violence intervention classes
• Fines
• Restitution
• Restraining order limiting your movements
• Loss of custody of children
• Loss of the right to own a firearm
• For non-citizens, the risk of deportation

Proving Self Defense

After an arrest and charge for a domestic abuse offense, you have few options other than to make it clear that your actions were in self-defense. The prosecuting attorney will be seeking a conviction, and if successful, will leave you facing heavy consequences, with the domestic violence conviction on your permanent criminal record, deterring potential employers, or even relationship partners. Your domestic violence defense attorney must make it clear to the jury that you are a victim, not a perpetrator, and that you acted in self-defense, and may employ one or more strategies when defending against charges:

• You were in a reasonable fear of harm when facing the actions of your abuser at the time of the incident in which you fought back.
• You were in reasonable fear of harm due to the behavior you anticipated would occur as it often had in the past.
• You were in reasonable fear of harm as your abuser had a pattern of abusive behavior, and you believed a violent act was about to occur, as it had many times before.

Are you a victim of domestic abuse, and have been charged with a crime by fighting back? The need for a talented, experienced San Diego defense lawyer cannot be overstated. Contact jD Law Criminal Defense Attorneys at (760) 630-2000 today.