Do Higher Temperatures Mean More Domestic Violence?
Living in the Los Angeles area means we all deal with temperatures in the 90s and above during the summer and fall. CBS reports that a study conducted by researchers at the University of California has found a link between increased crime rates and high temperatures. It was discovered that on days 85 degrees Fahrenheit and higher, violent crime increased 5.75%. The problem is made worse by the fact that the police are also less active during heatwaves.
Hot Days Bring Short Tempers.
The blistering heat is difficult to experience, and can set nerves on edge. The most noticeable increase in crime found in the study were acts of domestic violence. Couples sharing a living space without AC in older apartment buildings may become more easily enraged, argue, or worse. Accusations of domestic violence occur more frequently during heatwaves, some of which are true – and some that are not. An argument can escalate quickly due to the stifling heat, leading to a loud altercation and a call to the police.
How Must the Police Respond?
When a call comes into the local police department, reporting a possible case of domestic violence, officers are dispatched to the location. The call may have been made by a neighbor, or one of the parties involved in the incident. In either case, law enforcement must act cautiously to evaluate the situation and get the facts about what occurred. Angry people are not necessarily the most honest people: some accusations are untrue, but once the police are on the scene, an arrest is often made. A person who claims his or her domestic partner made a threat can face heavy legal and personal consequences.
How the Investigation Proceeds.
After an accusation of domestic violence, the police first separate the two parties and take statements from each. An arrest is made, which may be one or both parties. The officers will try to make sense of the situation, attempting to determine which person was the aggressor. They will look for any injuries, such as red marks on the body, cuts, bruises, or other signs of physical harm. Whether the alleged victim wants to press charges or not, once the officers have come to a decision, an arrest will be made, and the accused will be taken to jail, where he or she must post bond to be released.
It is unfortunate, but in many cases, the accusation is exaggerated, untrue, or the person claiming to be the victim was the instigator of the acts of violence.
Can You Defend Against a Charge of Domestic Violence?
If you are accused of committing an act of domestic violence, you have some challenging times ahead. The charge filed against you may be a misdemeanor or a felony. A misdemeanor is a serious charge – a conviction can lead to fines, incarceration, required anger management classes, and being restricted from entering your own home or having access to your children. If you have been arrested and charged for one of these crimes in Los Angeles, you need a defense lawyer to help you resolve the situation as favorably as possible, whether by negotiating a reduced charge, having the case dismissed, or being acquitted at trial.
What Defenses Can Be Used in a Domestic Violence Case?
In some cases, the person accusing you of domestic violence is being untruthful, has exaggerated the facts, or has failed to mention his/her own part in the conflict. Unfortunately, even when tempers have cooled, and the other party recants, it may be viewed as just another sign of victimhood. Only the prosecutor can drop the charges – and may refuse to do so, even when the alleged victim recants.
To launch an effective defense, you need to do a full investigation into the background and history of the alleged victim. Every statement made, along with the police report, must be carefully reviewed to discover inconsistencies or lies. You mustn’t discuss your case or the details with anyone other than your lawyer, whether by phone, text, or other means. A “friend” may become a witness for the prosecution, and your words twisted, causing more damage. Your defense may include:
- Establishing that you were acting in self-defense, warding off an attack.
- Establishing that you were falsely accused in an effort to damage your reputation or impact the court’s decision on a child custody matter.
- Establish by a lack of evidence that the act of domestic violence occurred at all.
Get a Defense Lawyer – It Matters.
Every case has unique facts. Call Werksman Jackson & Quinn LLP at (213) 688-0460 for assistance if you have been charged with a domestic violence crime. Our team of talented, experienced trial lawyers can take on even the most challenging cases with confidence. Call today for a free initial consultation.