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Five strategies for defending against domestic violence charges

On Behalf of | Apr 14, 2022 | Criminal Defense |

Domestic violence allegations can take a toll on your life. Criminal charges can damage your reputation, and your future and your freedom may be on the line. With so much at stake, it’s imperative that you know how to appropriately defend yourself. This means knowing all of the defense strategies at your disposal and exploiting those that are most beneficial to you. Let’s look at some of those defense options here.

  1. Argue that you didn’t commit the act in question: If the facts warrant it, you may be able to avoid conviction by simply raising doubt as to whether you actually engaged in domestic violence. Providing evidence of your whereabouts during the time in question can be helpful here. If this argument fits your circumstances, then talk to witnesses who can attest to where you were during the time when the alleged event occurred.
  2. Attack the alleged victim’s credibility: A lot of domestic violence allegations are levied out of animosity and anger, not out of the truth. If you suspect that the alleged victim in your case is simply trying to get back at your or make you pay in some way, then you’ll want to carefully assess his or her injuries to see if they line up with the allegations. A medical expert may be able to help you here, as can any indications that the alleged victims lacks a truthful character.
  3. Argue lack of intent: In order to obtain a conviction, prosecutors are going to have to show that you intended to harm the alleged victim. This is a high hurdle to clear, and it can open up a lot of arguments for you. The positioning of any weapons and any blood at the scene may help tell a story that is consistent with your account of the event being accidental. This argument very well may take more physical evidence to support it, so be prepared to address that issue.
  4. Claim self-defense: This can be a powerful argument in a domestic violence case, and it’s oftentimes a successful approach to take. After all, when emotions run on high and a physical dispute arises, it’s easy for both parties to get injured. But if you can testify that the alleged victim acted out of aggression first and that you acted reasonably in self-defense to protect yourself, then you may be able to avoid conviction.
  5. Point out improper police practices: Depending on the facts at hand, you may be able to suppress certain evidence to prevent the prosecution from using it against you. For example, if you weren’t read your Miranda rights prior to being interrogated and subsequently made incriminating statements, then you have a good argument for preventing those statements from being used against you in court since they were obtained in violation of your rights. An attorney who is experienced in handling evidentiary issues can help you assess all of your options here.

Choose the strategy that allows you to aggressively defend yourself

If you’ve been accused of wrongdoing, then you need a custom-tailored criminal defense that’s right for you. This means thoroughly vetting all of your options, gathering evidence, and anticipating the prosecution’s arguments. You’ll need to know evidentiary and case law, as well as the trial rules if you want to position yourself for success. We know that all of this may sound daunting, but an attorney with a proven track record of success in these kinds of cases may be able to help you present your arguments in a fashion that is persuasive enough to protect your future and your freedom.