Domestic violence charges or among some of the most difficult legal circumstances that anyone can face. For those accused of such offenses, the ongoing threat of often intense outcomes can be enough to cause a nervous breakdown. Often, getting the right help with these charges is all that stands between someone losing their health, family, and good standing in society.
Fortunately for those facing such allegations, lawyers like Miami DUI attorney | Stroleny Law, P.A can help. They know how to mount a strong defense against domestic violence charges and return clients back to a life free of such negative turmoil. You can call them anytime to set up a free first consultation. They’ll let you know what legal options are available for you.
Here are some common defenses that skilled legal professionals are known to employ against domestic violence charges successfully:
A common defense strategy known to get results is attesting that the allegations against the accused are false. Because domestic disputes often involve emotionally charged personal sagas, false accusations are sometimes brought up in the heat of the moment. Evidence supporting claims of innocence is crucial. Contradictory alibis, witnesses, and texts can help.
Domestic violence can be successfully defended once a strong self-defense narrative can be placed together. By demonstrating that there was a real or perceived threat to your safety, you could be able to prove that your actions were justified to preserve your health. In these scenarios, it’s crucial to establish how your response was appropriate for the situation as it was.
The burden of proof rests with the prosecution, not the defense. In other words, you’re innocent until proven guilty. When the prosecution fails to prove guilt beyond a reasonable doubt, charges can be challenged successfully. Your defense attorney can emphasize and exploit the lack of sufficient evidence against you, and push for your acquittal and subsequent victory.
The accuser’s statements must be consistent, and a powerful defense strategy is exposing them as otherwise. When your attorney can successfully highlight discrepancies in the accuser’s statements, especially accounts that vary greatly or even conflict, the prosecution’s case can be nullified. This can hurt the accuser’s credibility and damage the integrity of the allegations.
Alibis are defense strategies that effectively provide evidence that you were not present when the alleged domestic violence incident occurred. Alibis can include corroborated testimony from friends, family members, or records indicating your presence elsewhere during the incident. When a strong alibi is presented, it’s very difficult for accusations to persist any further.
Improper Police Procedure
Sometimes defense attorneys can challenge the legality of an arrest or evidence. For example, when police officers have been shown to violate the constitutional rights of someone during an arrest, search, or seizure, they can introduce motions to suppress evidence. If the motion succeeds, and the evidence is ruled inadmissible, the prosecution’s case diminishes in strength.
Successful domestic violence defenses have been mounted on the back of consent. When two parties are shown to have consented to a physical altercation or certain behavior, the defense can use this during the case. So long as said consent was given genuinely and free of any coercion or manipulation, this lends an advantage to a successful defense.
Previous False Accusations
If it can be proven that the accuser has a history of levying false accusations against defendants, their lack of credibility will undermine the charges. This is known to be useful in cases where the accuser has a documented pattern of falsely reporting domestic violence.