Being wrongly accused of domestic violence can have far-reaching implications. Such accusations can jeopardize your chances of child custody, make employment opportunities elusive, and even lead to imprisonment. If you find yourself needing a domestic violence defense lawyer, it’s imperative to understand the potential defenses at your disposal. Let’s delve into the seven prevalent defense strategies for domestic violence cases:
1. Claim of Innocence
It isn’t merely about stating you’re innocent; you must substantiate it. Establishing that you were somewhere else when the alleged incident took place is crucial. An alibi can significantly bolster your claim of innocence. After all, if you weren’t present, how could you be the perpetrator?
2. Invoking Self-Defense
If you sustained injuries from the altercation, your defense might revolve around self-defense. This strategy aims to show that your actions were a reaction to a threat, rather than stemming from an intent to harm. Yet, be prepared for potential counterarguments from the prosecution, especially those referencing the history of your relationship.
3. Insufficient Evidence
Domestic violence cases frequently rely on testimonies since many incidents occur in private settings with few witnesses. The absence of concrete evidence can be advantageous for the defense. If there’s a lack of compelling evidence, it becomes challenging for the prosecution to establish guilt beyond doubt. Highlighting previous false accusations against you might further strengthen this defense.
4. Unintentional Injury
This strategy posits that the injuries were incidental and not due to abuse. For instance, if there’s a bruise, but the alleged victim had recently participated in activities like skiing or contact sports, it’s plausible the injury came from another source. Video evidence or witness accounts can enhance this defense.
5. Reaction to the Alleged Victim’s Actions
In this scenario, you acknowledge the incident but attribute it to the victim’s behavior, perhaps in an attempt to prevent harm to themselves or others. The defense might look into the victim’s history, like past aggressive episodes or medical conditions. Eyewitness accounts supporting this narrative can be invaluable.
6. Pointing to Police Missteps or Misconduct
While the conviction rate for domestic violence arrests is notably high, any deviation from standard protocol by the police can invalidate the charges. This could involve failures like improper interview documentation, neglecting to read Miranda Rights, unwarranted searches, or denying legal representation requests.
7. Consent-Based Argument
This approach hinges on mutual activities or hobbies that might involve physical contact. For instance, if both parties engage in martial arts, the physical interaction might be construed as consensual, offering a different context to the alleged incident.
In Summary:
Ensuring a robust domestic violence defense is vital to circumvent the grave repercussions of a guilty verdict. An adept legal representative is essential in this endeavor.
If you’re facing domestic violence allegations and wish to fortify your defense, Attorney Barry Klopfer is poised to assist. Reach out to our Albuquerque office today at (505)-722-9331 for expert guidance.