Prosecution Tactics in Domestic Violence Cases in San Jose, CA
January 3, 2023 | Ahmed & Sukaram, Attorneys at Law
Being charged with domestic violence is incredibly serious and requires a knowledgeable San Jose domestic violence lawyer who understands the prosecution tactics used in these cases. It is important to know what is considered domestic violence in California and be aware of potential prosecution tactics to best defend yourself against these charges.
What Is Domestic Violence in California?
Domestic violence is abusive behavior that takes place between those who have an intimate or familial relationship. This includes boyfriends/girlfriends, spouses or former spouses, someone you share a child with, someone you live with or have lived with, or someone you are related to through blood or marriage.
According to California domestic violence laws, domestic violence can take the form of physical harm, sexual assault, threats of harm, stalking, and harassment intended to make the recipient feel threatened.
What Are Some Tactics Used By San Jose Prosecutors in Domestic Violence Cases?
Domestic violence cases in San Jose are taken very seriously, and the prosecution often utilizes a variety of tactics to secure a conviction. Below, we will explore some of those tactics and provide insight into how they affect domestic violence cases.
Restraining Orders: A restraining order is one of the most common tools used by the prosecution in domestic violence cases. It is an order issued by a court of law that prohibits contact between two parties—the accuser and the accused—for a set period of time.
The purpose of restraining orders is to protect victims from further abuse or harassment from their alleged abuser. If you are charged with violating a restraining order, it could result in serious consequences, such as jail time or hefty fines.
Attacking the Accused’s Credibility: Another tactic used by prosecutors is to attack your credibility as an accused party. This means they may bring up past criminal behavior or any other evidence that casts doubt on your character.
For example, if you have been previously arrested for similar offenses or had previous instances of abuse against someone else, these details could be brought up during your trial and negatively influence the jury’s opinion of you.
Witness Intimidation Charges: Another tactic prosecutors commonly use is filing witness intimidation charges if they believe you attempted to influence or coerce witnesses into changing their testimonies or refusing cooperation with law enforcement.
It’s especially important for those charged with domestic violence to be aware of this. False allegations are not uncommon in these cases, and it can be tempting to speak with witnesses to determine why they’re not telling the truth about what happened.
No matter what the accusations are and whether they’re true or not, you should never speak with a witness unless you have your lawyer present. Attempting to intimidate witnesses could lead to serious charges being brought against you.
Negotiations & Plea Deals: Lastly, in many cases, prosecutors may try to negotiate a plea deal with the defendant in order to avoid taking the case to trial. They may offer a reduced sentence or lesser charge in exchange for a guilty plea from the defendant.
This can be beneficial for both sides since it saves time and money and allows both parties to move on with their lives more quickly. However, it’s essential to understand what you are agreeing to before signing any agreement with a prosecutor.
Contact a San Jose Domestic Violence Lawyer for Help Preparing a Strong Defense
No matter what type of domestic violence charges you are facing, understanding how prosecutors approach these types of cases can help you prepare yourself for what lies ahead and ensure that your rights are respected during this difficult time.
If you need legal advice defending yourself against allegations of abuse, contact an experienced criminal defense lawyer in San Jose.
Ahmed & Sukaram, Attorneys at Law – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
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