If you are accused of domestic violence, chances are you will probably have some questions. Of course, one of the biggest concerns people have is “can I fight these charges successfully?” The answer to this question will always vary based both on your circumstances and on your choice of defense lawyer. If you and your attorney agree that your best course of action is to fight the charges rather than to make a plea deal, you’ll also need to agree on a defense strategy. Here are some of the most common defenses against domestic violence charges.
Lack of Evidence
Anyone can accuse someone of beating them, but without any proof, there is no case. This is particularly true if you have any evidence proving your side of the story, such as an alibi that places you somewhere else entirely when the incident supposedly happened. Like anyone on trial, a domestic abuse suspect cannot be found guilty unless the prosecution can prove they committed the crime. In some cases, evidence is so thin the case will not even be brought to trial.
Domestic Violence Defense: False Accusations
Like rape charges, domestic violence accusations can often come down to the victim making one claim while the suspect says something different -and just like rape charges, this is sometimes because the alleged victim is making false accusations. When it comes to cases involving abuse, these false claims often arise during divorces when one person believes it will be beneficial to say the other physically abused them. If the alleged victim has a proven history of making false accusations, this can be one of your strongest defenses against domestic violence, backing up your defense that the charges are not true.
Defenses Against Domestic Violence: Self Defense
In any case involving violent acts, self defense is a complete defense against domestic violence if properly used. While TV shows and movies generally portray domestic violence as a brutish man abusing a helpless woman, reality is rarely so black and white. In many domestic abuse situations, both parties become violent with one another and if one is acting in self defense, he or she cannot be convicted of committing domestic abuse. That’s why if you have any injuries from the incident it is important to photograph them and seek medical attention in order to document the injuries.
Domestic Violence Defenses: Consent
Again while TV and movies make domestic abuse a black and white issue, the reality is that it rarely is. Sometimes both men and women agree to violent acts for sexual or other reasons. Whatever the reason, if your lawyer can prove that your partner willingly consented to physical harm, this is a great defense against domestic violence. This defense can be a bit risky in many cases as few juries will believe a victim “asked for it,” but if you have an agreement on video or a contract between the two of you, then you may be able to successfully invoke this defense.
The police are obligated to arrest the primary aggressor in all cases of domestic violence. You should immediately contact a criminal lawyer and not wait for the court date if you have been arrested for this crime. Call attorney Peter M. Liss immediately after you are arrested. Please call (760) 643-4050 to schedule a free initial consultation.