Domestic Violence Attorney Referral Service
What is Domestic Violence Defense?
Domestic violence defense is when an attorney represents an individual who has been accused of or charged with domestic violence. Every criminal defendant has the opportunity to have their side of the story heard in front of a judge or jury; there may be reasons why the individual is not guilty of the charge, or reasons that may excuse an assault or battery that resulted in the charge.
Self-defense is a common defense to many crimes. If you have been accused of conduct that amounts to a domestic violence crime, you may have had an excuse for engaging in that specific conduct. Maybe your children were in danger due to the actions of your spouse or partner. Perhaps you, yourself, were in danger due to your spouse or partner’s actions.
A claim of self-defense, however, only works if you reasonably perceived an imminent threat, if your response was “proportional” to the actions your spouse or partner were taking, and if you were not the initial aggressor.
Another example of a defense to domestic violence is lack of proof. A good domestic violence defense attorney will analyze a case and find holes in the other side’s argument. If the person alleging you domestically abused them has a weak argument, or a false story, an experienced and professional attorney will find the holes in the other party’s argument. He or she will emphasize the lack of proof to a jury, judge, or even the prosecutor when negotiating a plea bargain.
You cannot be convicted of a domestic violence crime if the prosecutor is unable to meet the criminal burden of proof of beyond a reasonable doubt.
Additionally, if the allegation against you is completely false, this is another defense to domestic violence that your attorney will stress to a jury or judge. Oftentimes, when there is a dispute over custody of children or a contentious divorce, one spouse or partner will fabricate domestic abuse. A good domestic violence defense attorney will identify the inconsistencies in the other party’s argument to demonstrate that the other party’s story is false.
Why is it in the best interest to have an attorney represent your domestic violence defense?
The criminal justice system is complicated, as is the law. An experienced attorney representing your domestic violence defense will ensure that the best possible outcome occurs for your case.
We have mentioned how an allegation or charge of domestic violence can be completely false. While you may know this to be true, it may be hard to convince a judge or jury, especially if your accuser is on the witness stand telling a convincing story. Your criminal defense attorney will be able to identify inconsistencies in your spouse or partner’s story which will help convince a jury that your side of the story is correct and that you did not abuse your spouse or partner.
Additionally, there are other domestic violence defenses, such as self-defense, lack of proof, or even accusing the wrong person. If you were not present when your spouse or partner is alleging he or she was abused, your alibi could be imperative to your innocence.
A qualified, competent domestic violence defense attorney will be able to emphasize all the right facts to prove your innocence to a judge or jury. Securing a criminal defense attorney to present your domestic violence defense will ensure that your side of the story is heard, and it will identify inconsistencies in the prosecution’s argument that you may not have considered. Call us at 818-340-4529.