Domestic violence charges are among the most serious types of charges that you can receive. The court takes them quite seriously, and if you’re convicted of domestic violence, then you could be facing severe penalties, some of which include jail time. If you’ve been charged with domestic violence, then it’s essential that you seek the representation of an Auburn defense attorney who knows various types of strategies for defending such cases.
One defense that a criminal defense lawyer in Auburn might employ in a domestic violence case is to state that the allegations against his or her client were deliberately false. Sometimes spouses, couples and family members who are arguing or fighting might make deliberately false allegations against the other individual in order to punish him or her or for some other ulterior motive. This is especially common in divorce and child custody cases since a domestic violence charge against the other spouse could help the accusing spouse gain the favor of the judge or jury.
Another common defense to a domestic violence charge is that the person charged was acting in self-defense or in defense of his or her children. Self-defense strategies are sometimes effective defenses if the person charged with domestic violence was not the initial aggressor of the argument and if he or she reasonably believed that there was an imminent threat to which he or she had to defend himself or herself.
In cases where the wrong suspect was apprehended and charged, a criminal defense attorney can help the client prove that he or she was not at the scene when the alleged abuse occurred. The attorney can help the client gather evidence that places him or her away from the scene and proves that he or she couldn’t have performed the alleged actions.
Lack of Proof
Perhaps the most common criminal defense to domestic violence, though, is through the lack of proof argument. If there were no witnesses to the scene, the alleged victim has no evidence of bruises, lacerations or any other signs of attack and more, then the prosecution might not be able to fulfill the requirements for burden of proof, in which case, the defendant can’t be convicted.
If you have a domestic violence charge being levied against you, you can know the best defense to use by scheduling a consultation with a known defense attorney such as Attorney Kim Hunter.
Defending Against a Claim of Domestic Violence, DivorceNet.com
Falsely Accused of Domestic Violence, CriminalDefenseLawyer.com