Domestic violence charges are often frightening to defendants because the charges tend to carry severe penalties, including jail time and a criminal record. If you’re facing these charges, there are a number of defenses that you may be able to use to increase your chances of a favorable outcome.
Self-defense
If you can prove that you acted in self-defense, you may be able to avoid a conviction. In order to use this defense, you must have been acting reasonably in response to an imminent threat of harm. For instance, if your partner was physically assaulting you, you would be justified in using force to defend yourself.
If you were defending another person from harm, you may also be able to cite self-defense. You must have reasonably believed that the other person was in danger.
False allegations
Unfortunately, domestic violence charges are sometimes filed falsely. If you can prove that the allegations against you are false, you may be able to have the charges dropped. For instance, you may be able to show that the accuser has a history of making false allegations or that they have a motive to lie. This can be difficult to do, but it is possible with sufficient evidence.
Lack of evidence or insufficient evidence
If the prosecutor cannot produce sufficient evidence to prove that you committed domestic violence, you may be able to have the charges dropped. This can happen if there is a lack of eyewitnesses, video footage or other physical evidence.
Even if there is some evidence that you committed domestic violence, you may still have a chance of avoiding a conviction. The prosecutor must prove beyond a reasonable doubt that you are guilty of the charges. If they cannot do this, you may be able to have the charges dropped.
If you’re facing domestic violence charges, it doesn’t mean that you’ll get convicted. As you can see, there are a number of defenses that you may be able to use to increase your chances of a favorable outcome that avoids jail time.