Criminal Defense Attorney for domestic violence

Domestic Violence Injury was Not Willful

The Infliction of the Alleged Domestic Violence Injury was Not Willful

Another potential defense to a domestic violence charge is that the act that caused an injury was accidental.  The first element described in the domestic violence jury instructions requires that the defendant willfully inflict an injury.  The jury instructions define the term “willfully” as follows: 

“Someone commits an act willfully when he or she does it willingly or on purpose.” See Judicial Council of California, Criminal Jury Instructions CALCRIM 2021, Instruction 840, https://www.courts.ca.gov/partners/documents/calcrim-2021.pdf

If you hit your spouse on purpose, it is not a defense to argue that although you hit him or her on purpose, you did not intend that the strike cause injury.  In that circumstance, you willfully committed the act (the strike) that caused the injury.  However, if you trip and fall, and in the process, knock your spouse over, causing an injury, then the act of striking your spouse was accidental.  Even though you are the cause of the injury, you did not act willfully and are therefore not guilty of domestic violence.

The Bench Notes (judge’s guide) for the jury instructions state: “If there is sufficient evidence that an alleged victim’s injuries were caused by an accident, the court has a sua sponte duty to instruct on accident. (People v. Gonzales (1999) 74 Cal.App.4th 382, 390 [88 Cal.Rptr.2d 111].) Give CALCRIM No. 3404, Accident.” This means that if the evidence in your case suggests that the physical force may have been cause by accident, the judge is required to instruct the jury that the prosecutor must prove beyond a reasonable doubt that it was not an accident.

Aggressive Criminal Defense for Domestic Violence Charges

 David Canty is one of the best criminal defense lawyers in Southern California. With over 19 years of experience as an aggressive advocate, he fights tirelessly to achieve the best results for his clients.

David Canty specializes in criminal defense, so he is not intimidated by prosecutors. He is very passionate about defending people’s rights.

 If you are under investigation or accused of a crime, you will need an experienced criminal defense attorney that will aggressively work to protect your rights and freedom. David Canty has successfully handled hundreds of cases and will work diligently to help you achieve your best possible outcome.

To schedule your free initial consultation, please fill out this quick online form.

 

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HOW CAN WE HELP?

If you or a loved one needs help in one of the following areas, please fill out the form and someone from our office will respond as quickly as possible.  

Criminal Defense Attorney for domestic violence

Domestic Violence Injury was Not Willful

The Infliction of the Alleged Domestic Violence Injury was Not Willful

Another potential defense to a domestic violence charge is that the act that caused an injury was accidental.  The first element described in the domestic violence jury instructions requires that the defendant willfully inflict an injury.  The jury instructions define the term “willfully” as follows: 

“Someone commits an act willfully when he or she does it willingly or on purpose.” See Judicial Council of California, Criminal Jury Instructions CALCRIM 2021, Instruction 840, https://www.courts.ca.gov/partners/documents/calcrim-2021.pdf

If you hit your spouse on purpose, it is not a defense to argue that although you hit him or her on purpose, you did not intend that the strike cause injury.  In that circumstance, you willfully committed the act (the strike) that caused the injury.  However, if you trip and fall, and in the process, knock your spouse over, causing an injury, then the act of striking your spouse was accidental.  Even though you are the cause of the injury, you did not act willfully and are therefore not guilty of domestic violence.

The Bench Notes (judge’s guide) for the jury instructions state: “If there is sufficient evidence that an alleged victim’s injuries were caused by an accident, the court has a sua sponte duty to instruct on accident. (People v. Gonzales (1999) 74 Cal.App.4th 382, 390 [88 Cal.Rptr.2d 111].) Give CALCRIM No. 3404, Accident.” This means that if the evidence in your case suggests that the physical force may have been cause by accident, the judge is required to instruct the jury that the prosecutor must prove beyond a reasonable doubt that it was not an accident.

Aggressive Criminal Defense for Domestic Violence Charges

 David Canty is one of the best criminal defense lawyers in Southern California. With over 19 years of experience as an aggressive advocate, he fights tirelessly to achieve the best results for his clients.

David Canty specializes in criminal defense, so he is not intimidated by prosecutors. He is very passionate about defending people’s rights.

 If you are under investigation or accused of a crime, you will need an experienced criminal defense attorney that will aggressively work to protect your rights and freedom. David Canty has successfully handled hundreds of cases and will work diligently to help you achieve your best possible outcome.

To schedule your free initial consultation, please fill out this quick online form.

 

HOW CAN WE HELP?

If you or a loved one needs help in one of the following areas, please fill out the form and someone from our office will respond as quickly as possible.