Domestic violence charges can be life changing. These charges carry the possibility of jail time, fines, and mandatory counseling and community service. A conviction of this type of crime affects your relationships and career. Here are four effective defenses against charges of domestic violence and how to work with an experienced criminal defense attorney to determine which defenses are most applicable to your case.
1. False Accusations
False accusations are one of the most common causes of domestic violence charges. The state has a duty to press charges when any allegations are made. However, if you have evidence that the accuser had the motivation to speak falsely against you, it may be enough to have the charges against you dropped. This is particularly true if you are able to expose false accusations and get the accuser to recant their statement.
2. Not Enough Evidence
In many cases of domestic violence, there simply isn’t enough evidence available to confidently convict the defendant. This is usually because it’s a case of one person’s story against another. There often isn’t hard evidence or even witnesses who saw what happened. So, by challenging the lack of evidence, you may be able to have the charges against you reduced or dismissed.
If the accuser struck first and the defendant can prove that he or she was only responding with violence in an attempt to protect him or herself from harm, this may be enough to have the charges dropped. Self-defense can be a viable defense tactic against domestic violence charges, however, there must be strong enough evidence that the victim instigated the violence to begin with.
4. Consent Was Given
In rare cases, the defendant may have obtained consent from the alleged victim to commit certain acts. If the defendant can show that he or she had consent before performing said acts, the charges may be dismissed.
When to Get in Touch With a Lawyer
If you’ve been charged with domestic violence, it’s important that you consult with an experienced criminal defense attorney as soon as possible to learn more about your legal rights in a situation like this and what your best options are for defending yourself. At Whitehead Law, we will zealously champion for your rights and will work hard to see that the charges against you are reduced or dropped. Call today for a consultation at (302) 663-7975.