If you are currently under investigation for charges against domestic violence and you feel you are falsely accused of these charges; your domestic violence defense attorney can help build a powerful defense based on a few criteria. The domestic violence charge is defined to be a case of assault, criminal harassment, stalking, sexual assault, abuse, or battery against a victim perpetrated by a member of the family, same household, life partner, or serious dating relationship partner. Usually a domestic violence charge has more serious consequences than regular charges of assault and battery. The charges also need to be proved against every element associated with the domestic violence before the prosecutor can move for full conviction. In such a scenario, your criminal defense attorney can use one or more of the five most possible defenses to present your case in court.
Your lawyer can arrange for an affirmative defense
Under this kind of defense, your lawyer might present that your actions were a result of self-defense. The first responders to a domestic violence case are often called upon to assess who might have been the principal aggressor in a case where both parties have sustained physical injuries. In this kind of defense, even with the presence of physical evidence of violence an acquittal can be expected.
Inability of the prosecution to prove all elements of the charge
Most domestic violence charges are clearly demarcated in the law. The prosecutor has to prove every element of a charge to the jury and the judge beyond any reasonable doubt to get a conviction against the charge. If you have been falsely accused of a DV charge, your domestic violence defense attorney might call into question each element separately. For instance, if it is a stalking charge, the elements of undesired, harassing, uninvited, and intrusive have to be proven beyond a shadow of doubt.
Whether the defendant actually committed the act
The domestic violence attorney might call into question the authenticity of the direction of the charges. In this scenario, even with the presence of physical evidence of violence, there is a chance of acquittal. The defense lawyer can argue that the defendant did not commit the violence. If the entire case is balanced on a struggle between the victim’s claims and the defendant’s claims, the prosecutor will need additional evidence to move the case in the victim’s favor.
Whether the charges were fabricated
In this scenario, your domestic violence defense attorney will call the victim’s authenticity into question. It has to be proved without reasonable doubt that the assault, stalking or abuse has occurred before the case can progress to conviction against the defendant.
Whether the victim falls under the category of people protected under the domestic violence statute
Your defense lawyer might argue that the victim does not fall under the class of people protected under a domestic violence statute, thus getting your case considered under a general assault charge. However, in case actual evidence of physical violence is present, there can still be a full conviction and sentencing against the charges.
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