Facing domestic violence charges can be an emotionally taxing ordeal. The mere allegation can cause acquaintances, friends, and family to jump to conclusions about your guilt. However, just because one is charged doesn’t necessarily equate to being convicted.
If you find yourself in this predicament, there are several defense strategies available, tailored to your specific circumstances. Here are three notable defenses, and if you’re in need of legal advice, do not hesitate to reach out to Chambers Law Firm at 714-760-4088 for a complimentary consultation.
In certain scenarios, the supposed “victim” might actually be the aggressor. If you were protecting yourself, or perhaps your children, from a person who initiated violence, self-defense can be a valid strategy. In asserting this defense, several points can be highlighted:
- The person accusing had a motive to harm you.
- They have a previous record or tendency of violent behavior.
- There was an immediate danger posed to you or someone around.
- There were third-party witnesses who can attest to the chain of events.
To clarify, you don’t necessarily have to demonstrate all these elements; even one strong point might be sufficient, depending on the circumstances.
Insufficient Evidence to Validate the Charges
Presumption of innocence until proven guilty is a cornerstone of our justice system. Thus, if the prosecution’s evidence against you is either lacking or questionable, it strengthens your defense.
There might be ample “evidence” presented, but it’s essential to assess its validity and how it was obtained. Unlawfully procured evidence, for instance, should be dismissed and not allowed in court. Moreover, the credibility of witnesses can also be examined. If the only witness to the alleged incident has a potential bias or motive to fabricate the event, their testimony can be challenged, introducing doubt into the proceedings.
The Argument of Mutual Consent
Venturing into the complex dynamics of relationships, occasionally, physical interactions might be consensual. It becomes a defense when one party later claims that the mutually agreed-upon activity was abusive. Although this defense can indeed be sensitive and potentially embarrassing, it’s vital when other strategies are not applicable.
To employ this defense, concrete evidence indicating past or present consent from the partner becomes necessary. This might be a challenging route, but the essence remains to present the facts as they happened.
Seek Expert Legal Guidance
Every case is unique, laden with its intricacies and subtleties. The key to building a robust defense lies in transparency and candidness with your attorney. The more details shared, the better equipped your legal team will be in devising an optimal strategy. If you’re faced with such charges and are uncertain about the road ahead, contact Chambers Law Firm at 714-760-4088 to initiate a conversation.