What defenses could help me if I’m charged with domestic violence?

You face serious misdemeanor or felony charges if you are arrested for a domestic violence crime, such as assault on a female or assault with a deadly weapon. If convicted, you could face a lengthy jail or prison sentence and have a permanent criminal record. Because of the harsh consequences of a conviction, you must take your charges seriously and mount a strong defense to achieve the best possible outcome in your criminal case.

Defenses to Domestic Assault Crimes

You will need to retain an experienced criminal defense attorney as soon as possible after your arrest. They will be able to identify the strongest defenses given your particular situation. Common successful defenses include:

• Mistaken identity. The mistaken identity defense could be a strong one if you are innocent of the crime you were charged with committing and have an alibi that proves you were somewhere else when the domestic assault was being committed.
• Insufficient evidence. The prosecutor must prove all elements of the criminal offense beyond a reasonable doubt. You may be able to argue that they have not met this burden of proof if the victim does not have any physical injuries or there is no damage to the property where the assault occurred.
• Self-defense. If you were defending yourself from an attack by the victim, you could raise self-defense to fight the charges you face.
• False allegations. In some cases, a person will falsely accuse their current or former partner or spouse of domestic assault because of other issues going on in the relationship. If you were falsely accused of this crime, you need the help of a skilled lawyer to uncover the evidence that proves this.
• Consent. Consent of the victim to the domestic assault is a much rarer defense. However, if it applies to your unique circumstances, you may be able to argue that the person accusing you consented to the domestic violence.