Main Consequences of Reporting a False Act of Domestic Violence
Acts of domestic violence are quite common in the California state and all over the country. Sometimes, people are unable to resolve their family issues with words and therefore resort to violence and cruelty. Still, some people, who committed these violent acts, are genuinely sorry, they repent and will never do anything like that again. The people, who were violated, are often scared and call the police to protect them. Yet, by the time the law enforcement officers arrive, both parties calm down and decide that they do not want to have any legal trouble in the family. Hence, the victim tells the police officers that there was a simple misunderstanding, that there was in fact no crime and that the report of domestic violence was made under some pressing circumstances.
Sure enough, trying to protect the person you love from getting arrested is truly admirable, but one must also remember about the law and the legal consequences of filing a false report. That is right – in case a person is accused of filing a false domestic violence report, he or she risks spending up to 364 days in jail or paying $5000 in fines.
In California State the law enforcement officers first create an official report on the scene during the arrest. Consequently, this report is being transferred to the prosecution. In case the prosecutor finds out that the alleged victim of the domestic violence filed a false report and is now trying to make it go away, this victim will be prosecuted under the charges of filing a false domestic violence report. At times, even if the victim does not want to press any charges anymore, the prosecutor will insist on carrying on with the legal claim. Hence, the victim will need to testify. Furthermore, any previous statements from the police reports or 911 calls will also be used as testimonials. Trying to reason with the law enforcement representatives and the prosecutors may be quite risky indeed. Even the slightest mistake can lead to pressing charges and one must know what kind of defense to use when communicating with the legal representatives.
In case you are being accused of filing a false domestic violence report, you should use certain defense excuse, such as:
– The situation was a simple misunderstanding and nothing more
– You were genuinely convinced that you were actually telling the truth
– False info that you provided was in fact irrelevant of not important
– Some of the important parts of the story were forgotten in the process
– You were affected by alcohol and therefore unintentionally mislead the law enforcement officers.
In case you are in a kind of circumstance, when you are accused in filing a false domestic violence report and you are facing actual jail time for your actions, it is crucial not to lose time and to get in touch with a defense attorney at the earliest opportunity.
Only will a highly qualified lawyer have the skills and the experience to help you deal with this kind of situation properly. He will be able to find the right defense strategy that would back up your point of view and would allow you to avoid any legal consequences. Therefore, in case one of your loved ones committed a mistake and you do not want him or her to suffer for it, hire a professional domestic violence attorney to help you drop the charges and avoid being prosecuted for filing a false report. Everyone deserves a second chance and a good Los Angeles criminal defense lawyer will make sure that your loved ones have one.