6 Defenses to Domestic Violence Charges
A domestic violence conviction can have a number of far-reaching implications on your life. When you are charged with the offense, you are innocent until proven guilty. You may have a number of defenses to the charges. Here are six ways that you could contest domestic violence charges:
Self-Defense
You may have either been attacked first or were worried about your own safety. As a result, you used some physical force that caused you to be arrested. There is a fine line between self-defense and domestic violence, and you are entitled to have your side of the story heard. You are allowed to use force to defend yourself, but you should be prepared for some very close scrutiny of what happened leading up to the incident.
You Were Defending Others
Self-defense principles also apply to protecting other people from violence. For example, if you were worried that your partner may harm your children, you would have a limited right to use some force. If you were doing what was reasonable under the circumstances, it may not be domestic violence.
Prosecutors Don’t Have the Evidence
Prosecutors must prove the charges beyond a reasonable doubt. This means that they must prove every single element of the crime, and they need evidence to back up their claims. Without it, you cannot be found guilty by a jury. If you are able to raise any reasonable doubt about the charges, you may be able to win an acquittal.
You Did Not Do It
Again, if it is your word against your accuser’s, prosecutors will need to have something more than just their account of the story. If you did not commit the offense, it may be difficult for law enforcement to gather the necessary evidence to convict you. This is another way of saying that there is reasonable doubt.
Police Did Not Follow the Legal Process Properly
You have a number of safeguards that protect your legal rights. For example, police must read your legal rights when arresting you. They cannot question you without an attorney present if you ask for one. Police cannot arrest you without having probable cause. The charges may be dismissed if police violate your constitutional rights.
The Physical Contact Was an Accident
To be convicted of domestic violence, you must have intended to do it. You cannot break this law by accident. If you slipped or did not intend to make contact with the alleged victim, you may be able to defend against the charges.
Before you accept a plea deal, you should speak with your attorney to figure out whether you have the ability to fight the charges. You may decide that a plea bargain is best, but you should first assess your legal case.
Experienced Criminal Defense Lawyers
If you have been charged with domestic violence, call the experienced attorneys at The Cohen Law Offices at (715) 514-5051 or contact us to discuss your case. We can review your case and advise you of your legal options.
