Being arrested for domestic abuse is a serious matter. While it is important to take domestic abuse allegations seriously, there are situations where an individual may be falsely accused of domestic abuse. If the charges are unjust, fighting against them may have become just that much more important. Read on and learn more about some common defenses to domestic abuse charges.
Defensive Moves
While a good criminal defense lawyer will know what to do to defend you against charges, it's a good idea to understand how some common defensive strategies can be used. Speak to your defense attorney to find out more about the defensive moves below. Some potential defenses against unjust charges of domestic abuse may include:
Self-Defense
If you were acting in self-defense, you may be able to argue that your actions were used to protect yourself from being hurt. This is a common defense because it's only natural to fight back against an attack. Your lawyer must be able to prove that you used only the minimum amount of force to protect yourself.
False Accusations
You may be able to argue that the domestic abuse allegations are false and were made for malicious reasons, such as to gain an advantage in a custody battle or to retaliate against you for some other reason. When other cases are connected and other important issues cannot be proven, you may have your charges dropped.
Lack of Evidence
The prosecution has the burden of proving that you committed domestic abuse beyond a reasonable doubt. If there is not enough evidence to support the allegations, your attorney may argue that the charges should be dismissed. With this type of crime, the evidence is usually physical signs of an injury. Your lawyer will put experts forward who can testify about injuries from photographs and medical proof.
Mistaken Identity
If you were wrongly identified as the perpetrator of the domestic abuse, you may be able to argue that you were not involved in the incident.
Every criminal case is unique, and the specific defenses that may be available to you will depend on the facts and circumstances of your case. If you have been falsely accused of domestic abuse, it is important to seek the advice of an experienced criminal defense attorney who can help you understand your legal options and defend your rights.
Contact a criminal defense attorney in your area to learn more.
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