Legal Defense Against Domestic Abuse Charges
2 years ago by Brian
When you are charged with a crime such as domestic assault, you have the opportunity to defend against your charges. A Legal Defense can create a reasonable doubt that you committed the crime, which can lead to an acquittal. An experienced criminal defense lawyer can help you identify all possible defense that might be available in your case and present them to the prosecutor, judge, or jury if needed.
The following are some examples of common defense. To learn about which defense might apply in your specific circumstances, speak directly with JS Defense, P.A. today.
When it comes to any type of assault charge, self-defense is a common -yet complicated – defense. This defense involves admitting that you engaged in the assault, but claiming that you had legal justification to do so because you were simply defending yourself.
There are requirements for self-defense, including:
- Proving the other party was the initial aggressor or escalated the level of violence
- Proving that you had an actual and reasonable fear of imminent harm from the other party
- Demonstrating that you used a reasonable (and not excessive) degree of force given the circumstances
False accusations are particularly common in domestic abuse cases. For example, if spouses are divorcing and one spouse wants the upper hand in the divorce proceedings, they might falsely accuse the other of domestic abuse. They might be hoping to get greater child custody rights or avoid having to pay spousal support if the judge believes the abuse allegations. Other people might be mentally unstable or simply vindictive against a partner or ex and, therefore, issue false accusations.
In some relationships, partners might consent to certain violent acts during sexual relations or other situations. If there was consent for the harm caused, you can raise this as a defense if you are later accused of domestic abuse.
Proving Your Defense
Of course, simply stating your defense is not enough for it to be successful in beating your domestic abuse charges. Your criminal defense attorney will listen to your side of the story and determine what types of evidence you might need to present a proper defense. This might include:
- Witness statements
- Video footage, such as from Nest cameras at home
- Mismatched medical information with the abuse allegations
Even if you know your domestic abuse charges are wrongful, you still have an uphill battle to fight. However, with the right legal help, you will have the chance to defend yourself and minimize or avoid the consequences that can come with a domestic abuse conviction. Such consequences might include:
- Restraining orders
- Probation or jail time
- Loss of custody rights
- Ineligibility for certain professions
Let a Woodbury, MN Domestic Abuse Attorney Help You
Never risk your future by trying to present a defense on your own against domestic abuse charges in criminal court. Instead, reach out to a defense lawyer from JS Defense, PA. as soon as possible following your arrest. Contact us so we can get started protecting your rights and your future call: 651-362-9426.