Seven Defenses Used in Domestic Abuse Cases

Domestic abuse convictions can subject individuals to high monetary fines, jail time, and other serious penalties. However, to receive a criminal penalty for a domestic abuse charge, the prosecutor must first establish their legal burden of proof beyond a reasonable doubt. If the prosecutor cannot establish this burden, they cannot obtain a conviction against you – and a judge cannot impose criminal penalties in your case.

By raising a solid legal defense to your domestic abuse charge, you can avoid a conviction – and the resulting penalties – altogether. The skilled legal team at Cohen Law Offices can explore your eligibility for these defenses and aggressively advocate for you at your court hearing or trial.

 

What Is a Domestic Abuse Charge?

Domestic abuse charges can result from physical abuse or threats of abuse directed at individuals who reside in the same household. A conviction for a domestic violence offense can lead to hefty fines, jail time, and no-contact orders. Moreover, a convicted domestic violence offender might be precluded from having contact with their children.

Domestic Abuse Legal Defenses

The best way to avoid domestic abuse penalties is to avoid a conviction in the first place. Some of the most common defenses to domestic abuse charges include:

·        Asserting an alibi, meaning that you were someplace else at the time of the incident – and that someone else committed the domestic abuse offense

·        Alleging that your spouse or significant other had a motive to lie – such as when they are upset about a recent break-up or divorce proceeding – and are trying to retaliate

·        Alleging that you did not have the specific intent to injure the alleged victim — and that the incident arose from accidental circumstances

·        Alleging that the supposed violent act was actually an attempt at self-defense for yourself or your child

·        Alleging that the state prosecutor is unable to establish their legal burden in the criminal case beyond a reasonable doubt – or a doubt based upon ordinary reason and common sense

·        Alleging that the incident in question occurred because of the victim’s abuse of the children, temper, or medical condition

·        Alleging that the arresting police officer committed an error, such as by continuing to question you after you already asserted your Fifth Amendment right to the presence of legal counsel

Contact a Knowledgeable Criminal Defense Lawyer About Your Legal Matter Today

If you are currently facing a domestic violence charge, you need skilled legal counsel on your side right away. Our experienced team of attorneys can represent you at all courtroom hearings in your case and can assert one or more of these defenses on your behalf in court.

For a free case evaluation and consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.