With more than a million victims of physical assault every year by an intimate partner, domestic violence allegations are taken seriously. Those wrongly accused are at other end of the spectrum, which leads to the need for a domestic violence attorney Tampa.
If you find yourself in this predicament, a strong defense is essential to protect your reputation and freedom. You have rights and being aware of valuable information about domestic violence defenses that may apply to your case is helpful.
Below are four common defense strategies for a domestic violence charge that your attorney may use.
One of the strongest defenses against criminal charges is finding holes in the other side’s argument. The prosecution is required to meet a certain burden of proof before you can be convicted.
This is a great strategy that trained legal professionals can employ to examine cases. They can uncover these holes and contradictions to weaken the prosecution’s argument.
Another good defense strategy is demonstrating that you could not be the person who committed the act of domestic violence. If you have an alibi that places you somewhere else at the time of the infraction, your attorney might be able to prove you are the wrong suspect.
Witnesses who will testify on your behalf can also strengthen your wrong suspect defense. Their testimony placing you close to them instead of close to the location where a person was physically attacked can work in your favor. Even better is having time-stamped video or photographs to show you were somewhere else during the time of the domestic violence crime.
Unfortunately, there are some defendants wrongfully accused of committing an act of domestic violence for reasons that have nothing to do with this serious charge. For example, a spouse might make false allegations of abuse in a divorce case to increase their monetary award or gain full custody of the children. Some people simply make the claim to fulfill a personal vendetta.
Finding inconsistencies in the other side’s story is the only way to defend yourself against their claims. Sometimes, this is as simple as matching police records with witness accounts. Other times, overcoming false accusations require closer examination.
Acting in Self-Defense
A self-defense strategy requires proving that your actions were the only way to protect yourself. However, this becomes harder if you made verbal threats or hostile physical motions that might have pushed the other person over the edge.
An attorney who specializes in domestic violence defense knows the correct way to present a case that proves you were reasonable and just in your actions.