Strategies for Defending Against Your Domestic Violence Case

If you are convicted of domestic violence, you can face consequences the go beyond a jail sentence and a fine. You could also lose the right to own firearms and experience negative impacts on your custody case. Should you choose to defend against the charges, here are some strategies that you can use.

One of the key requirements for the prosecution’s case is that they show that you had the intent to commit the crime. You cannot commit domestic violence by accident. The burden of proof is on the prosecutors to show that you acted intentionally. If the act that prosecutors say was domestic violence was really an accident, then you cannot be convicted. They have the responsibility to bring the evidence necessary for conviction. However, you will need a defense and a story that shows why you could not have committed domestic violence.

Showing Self-Defense in Domestic Violence Cases

Self-defense is another commonly used defense against domestic violence charges. You have the legal ability to use a reasonable amount of self-defense if you feel threatened. However, that must be tailored to the situation. If you were attacked first, you could use some force to fight off the attacker and not be legally responsible for it. This condition can also include cases of mutual combat when both parties were attacking each other.

Self-defense also includes defending others, such as the children from the domestic partner. It may even extend to defending property. Whether you are successfully able to argue self-defense all depends on the facts of your own situation. You would need to show that a reasonable person would have felt some fear or danger from the other person’s actions.

Having an Attorney Speak to the Accuser to See If They Will Go Forward

Sometimes, domestic partners will just make up the charges out of vindictiveness. There is simply no evidence to support their claim. Although you are innocent until proven guilty, domestic violence is one area where you are better off bringing specific evidence to refute the charges, such as an alibi.

Even when there are defenses to use, you may want to have a conversation with the accuser first. However, it is important to never engage with the individual on your own because it may only make things worse. Your attorney should approach them and discuss whether they are really willing to bring charges. After thinking about it, some accusers decide that pressing legal charges is not in their best interests, especially when they will need to take the stand. If the accuser stands down and will not cooperate, it will make it far more difficult for law enforcement to bring the case. The chances are that it will be dropped.

Criminal Defense Attorneys

Call the experienced criminal defense lawyers at the Cohen Law Offices at (715) 514-5051 if you are facing domestic violence charges. The potential consequences are too great not to have legal help on your side. You can also contact us online to schedule your free initial consultation.