Is It Illegal to Wrongfully Accuse Someone of Domestic Violence in California?
In the United States, domestic violence hotlines receive over 19,000 calls nationwide on a typical day. Actual domestic violence cases are not a foreign topic in California. However, many instances of false accusations may result in a misdemeanor charge for the Californian accuser. People use domestic violence accusations to leverage a benefit in custody battles, revenge plots, misunderstandings, or other intents.
Being wrongfully accused of a crime, particularly in domestic violence cases, causes varying damages for the individual, such as penalties and challenges in their daily life. At Aron Law Firm, if you are wrongfully accused of a crime, our legal team works to prevent a wrongful conviction and acts fast to limit the adverse effects of false accusations on your life.
Is Lying About Domestic Violence a Crime in California?
Creating a false police report in California has consequences upon discovering an accuser’s lie. If an accuser makes a false statement by knowingly accusing someone of a crime, it may lead to their own guilty verdict and a misdemeanor on their record. Making false claims against someone may also result in a lawsuit for slander, and lying under oath in a courtroom may lead the accuser to be penalized for committing perjury.
Under California law statute 148.5:
“…Every person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the Attorney General, or a deputy attorney general, or a district attorney, or a deputy district attorney that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor…”
Being a victim of false accusations is not uncommon. Unfortunately, many people face trouble with the law from bad relationships, custody battles, and other situations that provoke people to retaliate against another person. Domestic violence accusations are taken seriously, but if you are wrongfully accused, a skilled California criminal defense attorney can partner with you in your journey to be proven innocent.
How Will My Lawyer Defend Me if I Am Falsely Accused of Domestic Violence?
The penalties for domestic violence often vary between misdemeanor and felony charges depending on the circumstances. Domestic violence accusations are not taken lightly, and law enforcement takes action to dissipate any violent situations when they arise. Cases of untrue claims against an individual may result in a wrongful conviction.
Defenses you may have in a false accusation case include:
- The accuser uses false claims to leverage an advantage or favorable outcome on their side of a divorce, separation, or child custody case.
- The accuser is motivated by revenge to make false claims and intentionally harm or retaliate against you.
- You were not the perpetrator of violence and may have been the victim.
- You did not commit any violent physical or verbal acts towards another person.
If you face legal trouble because of false accusations, a skilled attorney will help you gather evidence and refute the wrongful testimony used against you. Depending on the circumstances surrounding the incident, there may be different reasons a false accusation is made. After an arrest, practicing your right to remain silent and speak with an attorney immediately is essential. The sooner we get a hold of your case, the faster we will review the details and take action. At Aron Law Firm, our legal team works diligently to refute any false statements, witnesses, evidence, and other pertinent details in a case.
Call Aron Law Firm for a Skilled Criminal Defense Lawyer to Represent You in a Domestic Violence Case
If you are wrongfully accused of committing domestic violence, speak with an experienced attorney as soon as possible to initiate a plan of action for a better outcome. Attempting to handle these cases alone, especially as the accused in a criminal case, may leave you with few options against the prosecution.
At Aron Law Firm, we understand every case is individual, and we listen to your experience to evaluate the next best course of action for a better future. Our criminal defense attorney may present the skilled defense strategies and legal resources resulting in reduced or lessened charges. To put your best foot forward and take action to secure your innocence, complete a contact form or call our office at (805) 618-1768.