Can entrapment be a factor in your domestic violence case?
Domestic violence cases are complex and sensitive by nature. involving intricate emotions and relationships. Heated emotions can lead to either party taking drastic and sometimes unlawful actions.
In some instances, the accused may even claim that the other party entrapped them. This raises the question of whether or not entrapment can be a valid factor in a domestic violence case.
Entrapment typically refers to the act of inducing someone to commit a crime they would not have otherwise committed. In the context of domestic violence, the accused may argue that the other party coerced them into engaging in violent behavior. It is often the case that proving entrapment can be challenging.
In cases where the accused claims entrapment, the court may delve into the dynamics of the relationship. Understanding the power balance, communication patterns and any history of altercations is necessary for a fair verdict. If there is a pattern of one party consistently provoking the other, it could be a factor in the legal assessment.
While entrapment is a possible factor, domestic violence cases always involve careful scrutiny of the evidence. Courts assess the totality of circumstances, considering not only the alleged entrapment but also the actions of both parties leading up to the incident.
Statistics show that there were 6.1 domestic violence calls per every 1,000 adults in California in 2020. While it is important to acknowledge that many domestic violence claims are legitimate and that many individuals live in dangerous conditions, those who stand wrongly accused should be aware of entrapment as a possible infringement of their rights.