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Identifying the "Primary Aggressor" in a Domestic Violence Context - Part 2 of 3 - California Penal Code 13701

By Walin & Klarich

In identifying the "primary aggressor" of a domestic violence dispute, law enforcement will consider the intent of the law to protect victims of domestic abuse from continuing abuse, any threats giving rise to fear of physical injury, the history of domestic violence between the parties involved, and whether either part was acting in self-defense. If you have been accused of causing injury to a spouse, former spouse, or cohabitant, you will need an experienced criminal defense attorney to review the surrounding facts and circumstances. Certain injuries can be classified as defensive injuries. In addition, the following must be analyzed: The seriousness of injury alleged; the motive to lie, use of alcohol and/or drugs, and more. It is important to memorialize the incident by writing a detailed statement of facts - this will be reviewed by your Southern California defense attorney...continue to full post

Full post as published by Southern California Criminal Defense Blog on March 24, 2010 (boomark / email).