Claims of abuse or violence against anyone can be difficult for a Texas resident to overcome. However, when the allegations arise from alleged instances of domestic violence, the emotional and personal stakes of the claims can be even higher. In Texas, domestic violence involves causing bodily injury or threatening bodily injury to a member of one’s household or a current or former dating partner.
It is important that individuals facing domestic violence charges understand their rights and defense options. A criminal defense attorney may be able to help an individual present a strong defense strategy to protect their rights and future. Readers are reminded, however, that the contents of this post are general in nature, and no part of this post should be used as legal advice.
One of the most effective defenses to claims of physical violence is self-defense. Self-defense asserts that an individual only used physical contact or threats of bodily injury to protect themselves from harm by their alleged victim. A person does not have to stand idly by while being harmed by another; self-defense is an affirmative defense that explains an individual’s allegedly criminal conduct.
Mistake is not an affirmative defense like self-defense. Instead, mistake alleges that an alleged victim is wrong or mistaken about the events they allege to have formed the grounds for a domestic violence charge. When a victim is wrong about the facts of their claims, a defendant may have options for disproving their allegedly criminal conduct.
Lack of knowledge
Lack of knowledge is a defense that can help some domestic violence defendants. For many criminal charges, including domestic violence, a person must be found to have had the requisite intent as well as engage in some type of action in order to be convicted of a crime. When domestic violence is charged, the individual must intend, know, or recklessly cause their alleged victim to suffer injury or threat of injury. If a person inadvertently causes such a result, they may lack the required knowledge or intent to have committed the crime.
Domestic violence charges are serious. They can affect different parts of individuals’ lives. Help from dedicated criminal defense lawyers can assist those facing their own significant domestic violence claims.