Being charged with domestic violence can be horrifying experience. Well before you are ever convicted, many people in your life may assume that you are guilty. There are many potential defense options, depending on your situation. Keep reading to learn about three of them and then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
- You Are Acting in Self-Defense
- There is Not Enough Evidence to Convict You
- Mutual Consent
If the accuser actually struck you first and you were simply defending yourself, then this can be a successful defense option. If the accuser was threatening your children or others then you can also use the self-defense defense. This could lead to the charges being dropped, if you can provide compelling evidence to show you were protecting yourself or someone else.
To use self-defense, we will generally show that the accuser had a motive to hit you, that there is a history of violence on their behalf, that there was an imminent threat to you or someone present, and that there were witnesses there who saw what happened. We do not need to be able to prove all of these points – one or more may be enough.
A lack of evidence is strong defense. The law does require that a person be treated as innocent until proven guilty and if the prosecution cannot provide enough evidence that you committed the crime in question, then the charges should be dropped. Even if there seems to be a wealth of evidence, we may be able to show that it was not lawfully obtained, which should result in it not be admissible in court.
If there is evidence but it is in question, we will show that. For example, if there is one witness to the alleged domestic violence but that witness has a reason to lie – such as the accuser’s new boyfriend or girlfriend – then we may be able to case significant doubt on their testimony.
The truth is that this defense can be embarrassing to all parties and is therefore not often used as a defense even when it applies. Essentially, it holds that your partner consented to some type of mutual physical act that involved the alleged abuse. Later, they lied and said it was unwanted. For this defense to be successful, we will need to provide evidence that your partner consented to the activity at this time or in the past.
This defense option is generally only used if other options are not available because it can be challenging to prove. The key is that you are honest when you call us for a free legal consultation. The more information we have, the better able we will be to find the right defense option for your case. Call Law Office of Michael L. Fell now at (949) 585-9055 and we can get started.