When charged with domestic violence, you may feel like your world has crumbled around you. Unfortunately, these charges can severely impact your life. However, when these charges are untrue, you may not know what to do. If you have been falsely accused of domestic violence, knowing how to proceed is vital to protecting yourself and your innocence. This blog explores what you must do and how a Sacramento domestic violence defense lawyer can help you navigate these challenging times.
What Can Happen if I’m Falsely Accused of Domestic Violence?
If falsely accused of domestic violence, you may feel like you’re in a whirlwind. Generally, if the accuser filed a police report claiming you abused them, there will likely be a warrant for your arrest. As such, you may be taken into police custody and charged with this crime.
The penalties for domestic violence in California are often more intense than battery or assault against a stranger or someone with whom you do not share a romantic or intimate relationship. For example, spousal battery is a misdemeanor, while corporal injury to a spouse is a felony. The charges will depend on a number of factors, including the severity of the alleged assault and whether or not you’ve been convicted of another crime.
What Can I Do?
If arrested for an alleged domestic abuse incident, the most important thing to do is remain as calm as possible. These are unfortunate events, and when you know they’re not true, you will likely be angry and upset. However, it’s important to reel in your anger, as the last thing you want is to give validity to the claims against you.
You should also refrain from speaking to the police until you have legal representation. You have a right to silence when speaking to law enforcement, as anything you say can and will be held against you in a court of law. As such, you should inform the police you demand a lawyer and invoke your right to silence.
Will My Accuser Face Penalties for a False Accusation?
If the person who accused you of domestic violence files a false police report about the incident, they can face a criminal charge. Generally, this only applies if the party knowingly filed a false report. As such, they will likely face a misdemeanor charge, which carries up to six months in jail and the potential for a $1,000 fine.
When faced with a domestic violence charge, you may not know how to proceed. After all, these charges can be exceptionally challenging to navigate. Luckily, an experienced criminal defense lawyer from the Law Offices of Dale R. Gomes can help you through this complex process. Contact our firm today to learn more about how our dedicated legal team can help you navigate these charges.