Historically, domestic violence has led to tragic results, yet it has been often ignored. Although with the change in time, recent years have witnessed implementation of domestic violence laws, which has saved several lives from the unnecessary trauma, yet there is another side of this coin too. The hyper vigilance by law enforcement, prosecutors, and DV advocates has caused this lawful pendulum to swing to the extreme opposite direction with often tragic consequences: (1) citizens wrongly accused; (2) citizens wrongly convicted; (3) families ripped apart; (4) long-term government involvement in personal choices (such as choosing to continue to have contact with the accused); and (5) firearm/hunting restrictions
Domestic violence cases in Oregon have serious consequences and these issues definitely need an experienced and aggressive criminal defense lawyer.
Generally false charges in domestic violence cases originate with an exaggerated or made-up claim of violence. In such cases, the accuser often claims memory problems due to being knocked out or choked unconscious. When there is a head injury that can be blamed, lies become easier to continue until final adjudication.
The false or exaggerated claims by accusers often start as a result of anger or revenge to the much more complicated and conspiratorial motives, such as trying to gain the custody.
Unfortunately, if you or a loved one is being falsely accused, then you need a lawyer who is not blindly assuming that the accuser is truthful. Arnold Law has attorneys, who are highly experienced in defending cases for those who are falsely accused in domestic violence cases.Through their experience our attorneys have proved that defense of DV cases, assisting fathers in parenting time and custody cases, and in defending those wrongly accused in restraining order and stalking order matters are our strength. With immense experience we have acquired the insight to determine what is required to unravel the accuser’s story.
Common Oregon Domestic Violence Charges:
Assault 4 (misdemeanour): recklessly causing substantial pain or impairment of the physical condition.
Assault 4 Felony: same as misdo plus prior conviction against same victim or a child present.
Strangulation (misdemeanor): choking someone.
Harassment (misdemeanor): offensive touching and intent to harass or annoy.
Coercion (Felony): compelling someone to do something or to abstain for doing something.
Kidnapping: moving someone from one place to another
This forms the golden rule when the accused is in custody. In such cases the accused should always bear in mind that he should not talk to anyone about the situation, not even you. Bear in mind that all telephone calls in the jail are recorded. It is true that all calls are recorded and these recordings will be State’s Exhibit 1 at trial. Tell your loved one to tell any investigators that they want to speak to an Oregon attorney and to say nothing else to law enforcement. No exceptions.
Apply for Court Appointed Counsel
There is a provision to apply for court appointed counsel, and if you qualify you can save a lot of money. If you qualify, the state of Oregon will pay for investigative fees and expert witnesses. The money you save can be utilized to pay for the attorney fees. So even if you are planning to retain an Oregon attorney, apply for court appointed counsel. Although our firm does not take court-appointed criminal cases, we can use court-appointed funds for costs.
In Oregon domestic violence cases, expert witness hold a critical position. Medical doctors can be used to show the inconsistency between the accuser’s story and the physical evidence. Research psychologists can be used to show how the child interviewer may have tainted the child’s statements by improper interviewing techniques.
The State of Oregon’s Burden of Proof: Can they prove their case?
Our constitution holds any accused person as innocent unless he is proven guilty. Whether or not you committed the crime is not the major question in front of the jury. The real question in front of the jury is whether or not the state has proven beyond a reasonable doubt that you committed the crime.
The attorneys at Arnold Law research the legal issues unique to your case and will challenge the state’s evidence through motions to suppress and motions to exclude evidence and unlawful confessions. Besides challenging the legal sufficiency of the evidence, our attorneys would also challenge the factual sufficiency of the evidence by aggressively investigating your case and having an investigator speak to witnesses for the state and for you.
Arnold Law’s Unique Approach
The attorneys at Arnold Law firm are highly skilled and known for utilising their skills from other practice areas to defend the client’s case. We are not one-dimensional lawyers and your case is not “business as usual” for us. The most unique thing about our attorneys is the wide range of experience that we have in civil and criminal litigation. This litigation has enabled us to have varied experiences and relationships with trial experts that you do not normally see in a criminal case. We analyze the unique fact issues of your case and brainstorm on what the expert witnesses will assist the jury on a given disputed fact.This mostly makes the difference between a simple swearing contest among witnesses and reasonable doubt.
Oregon prosecutors overcharge the defendants with crimes with the aim of threatening substantially harsh sentences to force you into settlement. The attorneys at Arnold Law do the groundwork to be prepared for any such sentencing recommendations by the state. This includes involving an expert investigator to research the mitigating factors as well as other experts to assist at sentencing, such as drug and alcohol treatment specialists, psychological evaluators, etc.
Choosing an Oregon Domestic Violence Defense Attorney
Since a domestic violence case brings with a great threat against your liberty, you should choose a defense lawyer very carefully who will give your case and you all the desired attention.
You need to make an informed decision about the benefits and risks of a jury trial versus the advantages of plea negotiations.
Eugene attorney Michael Arnold has substantial experience in trying the cases before juries. Being a former Eugene city prosecutor, he is well versed in the strategies and tactics that prevail at trial. Mr. Arnold deals with exclusively retained cases and does no court appointed defense work.
If you or someone you know in Eugene or throughout western or southern Oregon needs the assistance of an experienced criminal defense lawyer, call attorney Mike Arnold today at 541-338-9111 to schedule a consultation.
Arnold Law represents clients along the Oregon Coast and throughout Western Oregon, including in Portland, Eugene, Springfield, Salem, Corvallis, Cottage Grove, Albany, Newport, Oregon City, Beaverton, Clackamas, Wilsonville, Tigard, Hillsboro, Lake Oswego, Coburg, Creswell, Florence, Junction City, Lowell, Veneta, Oakridge, Roseburg, Brownsville, Halsey, Harrisburg Klamath Falls, Medford, Ashland, Grants Pass, Glendale, and Bend, and in the following counties: Lane County, Multnomah County, Washington County, Clackamas County, Linn County, Douglas County, Marion County, Coos County, Lincoln County, Benton County, Deschutes County, Josephine County, Klamath County, and Jackson County.