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Eugene, Oregon Domestic Violence Defense Attorneys

Historically domestic violence has been ignored, often with tragic results.  In recent years, enforcement of domestic violence laws has saved countless from unnecessary trauma.  However, hypervigilance by law enforcement, prosecutors, and DV advocates has caused the pendulum to swing to the extreme opposite direction with often tragic consequences: (1) citizens wrongly accused; (2) citizens wrongly convicted; (3) families ripped apart; and (4) long-term government involvement in personal choices (such as choosing to continue to have contact with the accused).

Oregon domestic violence cases have serious consequences and require an aggressive and experienced criminal defense lawyer. 

False Accusations of Domestic Violence

False domestic violence charges may originate with an exaggerated or made-up claim of violence with the accuser often claiming memory problems due to being knocked out or choked unconscious. Lies are easier to perpetuate when the holes in the story can be blamed on a head injury. 

The motives for false or exaggerated claims can start out as simply anger or revenge or can be much more complex and seemingly conspiratorial when used to gain advantage in a custody case. 

When falsely accused, you need a lawyer who isn't assuming that the accuser is telling the truth. Our attorneys have experience in defending those falsely accused of domestic violence. One of our firm's strengths in defense of DV cases is our strength in assisting fathers in parenting time and custody cases and in defending those wrongly accused in restraining order and staking order matters.  We have seen the same stories play out countless times and know what to look for to help unravel the accuser's story. 

Common Oregon Domestic Violence Charges:

• Assault 4 (misdemeanor): 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
• Other Serious Felony or Measure 11 Charges.

Remain Silent: Talk to No One

If the accused is in custody, remind him to talk to no one about what happened, including you.  Assume that all telephone calls from the jail are recorded, because they are.  Recordings of those phone calls 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

Even if you are planning to retain an Oregon attorney with family funds, apply for court appointed counsel.  If you qualify, the state of Oregon will pay for investigative fees and expert witnesses which saves money to be applied to attorney fees.  Although our firm does not take court-appointed criminal cases, we can use court-appointed funds for costs.

Expert Witnesses

Expert witness can be critical in an Oregon domestic violence case. 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?

Under our constitution, an accused person is innocent unless proven guilty. The question for the jury is not whether or not you committed the crime. The question is whether or not the state has proven beyond a reasonable doubt that you committed the crime. 

At Arnold Law Office, our attorneys 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. In addition to challenging the legal sufficiency of the evidence, we will 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 Office's Unique Approach

We are known for utilizing our skills from other practice areas to defend your case.  We are not one-dimensional lawyers.  Your case is not "business as usual" for us.  Because our firm's lawyers have a broad range of criminal and civil litigation experience, we have a wide range of experiences and relationships with trial experts that you do not normally see in a criminal case.  We will analyze your case's unique fact issues and brainstorm what expert witnesses will assist the jury on a given disputed fact.  That might make the difference between a simple swearing contest between witnesses and reasonable doubt.     

Sentencing Factors

It is customary for Oregon prosecutors to overcharge defendants and to seek overly harsh sentences to force you into settlement.  It often appears that the goal of many prosecutor's offices is to incarcerate the entire populace. While we are preparing your case for trial, we will also be exploring mitigation issues to present to the judge or prosecutor to challenge any sentencing recommendation by the state. This includes having an investigator research mitigating factors as well as employing other experts to assist at sentencing, such as drug and alcohol treatment specialists, psychological evaluators, etc.

Choosing an Oregon Domestic Violence Defense Attorney

When your liberty is in jeopardy due to a domestic violence case, it is important to invest in an Oregon criminal defense lawyer who will give your case the attention that it and you deserve.  You need to make an informed decision about the merits and hazards of a jury trial versus the advantages of plea negotiations. 

Eugene attorney C. Michael Arnold regularly tries cases before juries. As a former Eugene city prosecutor, he is well versed in the strategies and tactics that prevail at trial. Mr. Arnold does 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 Office, LLC, 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.

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