Domestic violence cases can include assault, stalking, and harassment. Experienced domestic violence lawyers help defend against domestic violence charges, from challenging the prosecution’s case to claiming self-defense. They can present a strategic argument to cast doubt on the strength and reliability of the prosecution’s evidence. Here are seven common defenses used by a domestic violence lawyer:
1. Self-defense
Some domestic violence cases include violence committed by both the claimant and the defendant. An attorney can help claim self-defense by presenting a compelling case in favor of the defendant. If this is the chosen defense, the defendant must show that the force used was proportionate to the claimant’s force. They should also demonstrate that they acted in defense to defend their life or the life of another. To support the case, your attorney can use medical records, photographs, and witness statements recorded by the police. A domestic violence lawyer can help you gather evidence to show there was a substantial threat that triggered your actions.
2. Accident
You can acknowledge harming the victim but maintain it was an accident. If a fragile object was knocked over during a heated argument, accidentally shattering and causing injury to the claimant, a lawyer can help prove that the incident was not a deliberate act. The defense attorney will carefully review the incident’s facts and details, gathering evidence from witnesses or surveillance footage. This can help them understand the sequence of events leading up to the alleged domestic abuse. They can then argue that there was no intent to cause harm.
3. Coercion
This defense involves the defendant being threatened or forced to commit a crime. Using coercion as a criminal defense relies on establishing a belief that a person committed the alleged crime because they feared imminent reprisal. Retaliation can include fear of severe bodily injury or death to themselves or others. When a lawyer chooses coercion as a defense strategy, it infers that the accused admits to committing the offenses for self-preservation.
4. Constitutional Violation
This criminal defense strategy focuses on the methods used by police and other law enforcement while collecting evidence. These methods may entail illegal search and seizure of your vehicle, belongings, or place of business. If the accused was not informed of their Miranda Rights during the arrest or interrogation, the lawyer may challenge any statements made during that time. Other constitutional violations include the improper acquisition of a warrant for entry and the inappropriate acquisition of a confession.
These errors may result in suppressing evidence gathered against you or even rejecting the entire prosecution case. Constitutional violations can potentially lead to the dropping or reduction of criminal charges. With these violations, a defendant may be cleared if the persecutor cannot prove guilt beyond a reasonable doubt.
5. Withdrawal
Attorneys can apply a withdrawal defense strategy if the accused person took steps to withdraw or disengage from a potentially harmful situation before any violence occurred. The defense may present evidence that the accused took specific actions to avoid a violent confrontation. These actions include leaving the scene, seeking assistance from law enforcement or a third party, or taking other measures to de-escalate the situation.
6. Innocence
An innocence criminal defense strategy involves asserting that the accused is entirely innocent of the alleged acts of domestic violence. Your attorney can help you challenge the prosecution’s evidence, dispute witness accounts, testify, and prepare other proof. A claim of innocence may be successful if the other party lacks solid evidence to convict you.
7. Mistaken Identity
In some criminal cases, mistaken identity serves as a defense when a witness mistakenly names the wrong person as the abuser. The criminal defense lawyer can present an alibi, providing evidence that the accused was not present at the location where the domestic violence incident allegedly occurred. They may also explore inconsistencies in the accuser’s testimony and the possibility of alternative suspects.
Contact a Domestic Violence Lawyer Today
Domestic violence crimes are typically associated with severe punishment and hefty fines, requiring the defendant to present a solid legal argument to establish their innocence or lack of involvement. A skilled attorney specializing in domestic violence can assist in collecting evidence, presenting your case, and providing guidance on courtroom statements. Be open and honest about how the crime happened, whether it was an accident or an act of self-defense. This allows the attorney to build a suitable defense. If you’ve been accused of domestic violence, contact an experienced lawyer today to review your options.
