Anyone who has ever shared a home with a significant other is aware that even little differences can result in arguments. Other incidents include a 50-year-old woman stabbing her 61-year-old husband with a pen after he ate all of her salsa and a woman who stabbed her boyfriend after arguing with him about the air conditioner.

If you find yourself in this scenario, are you able to fight back? What if you’re only defending yourself when you’re accused of domestic violence? The answer isn’t really that simple. Continue reading to discover more, and then call Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation with an experienced domestic violence attorney in Irvine CA.

How does self-defense function in California?

If you can demonstrate that you were acting in self-defense, you cannot be found guilty of a violent offense, such as domestic violence, in California. This, however, could be difficult. In order for you to successfully assert self-defense, your criminal defense attorney must be able to demonstrate that you had a reasonable belief that you were in danger right away, that using force to defend yourself was essential, and that you didn’t use more force than was necessary.

Stand-your-ground laws apply to self-defense in California, therefore we are not need to demonstrate that you couldn’t have escaped. Instead, as long as you were actually in danger, it is OK to defend yourself. A domestic violence attorney in Irvine CA can help you if this is what happened to you.

Why is it so difficult to establish self-defense?

The bad news is that it could be challenging to prove that you acted in self-defense. It is an affirmative defense, to start. This indicates that the burden of establishing your right to self-defense rests with you and your criminal defense attorney. Because they are not needed to demonstrate that you were not defending yourself, this does not entail that the prosecution must exert greater effort.

Second, it is a basic truth that many jurors will be inclined to find you guilty and not in self-defense if you are charged with domestic violence. Jurors could assume that you are the guilty party in this case since you were charged with the crime. This is particularly difficult if you seem to be physically superior to the person you are protecting yourself from.

The right domestic violence attorney in Irvine CA can help

Does this suggest that if you defend yourself, you can’t claim self-defense? Of course not. It simply means that you need the help of an experienced domestic violence attorney in Irvine CA. Calling Simmons Wagner, LLP at (949) 439-5857 straight away is the wisest course of action. We will examine the evidence against you, quickly review the pertinent details, and present you with some options for going forward during your free consultation. The time to seek expert aid is right now.