Top Defenses Against Domestic Violence Charges
March 17, 2023
Domestic violence charges are serious and can have severe consequences for your life, including potential jail time, hefty fines, the loss of your job, and harm to your reputation. But not every allegation of domestic violence is accurate and truthful, and misunderstandings or false accusations can lead to serious consequences. The good news is that there are several defenses available to you if you’ve been charged with domestic violence.
Here Are Some Of The Top Defenses Against Domestic Violence Charges:
If you were acting in self-defense or defense of others, you may be able to use this as a defense against domestic violence charges. You must show that you had good reason to believe that you or someone else was in immediate danger of harm and that the force used was necessary to protect yourself or others. Your attorney can gather evidence to show that you were acting in response to a genuine threat to someone’s safety.
Lack Of Intent
In some cases, domestic violence charges may arise from accidental or unintentional conduct. For instance, you may have pushed someone away from you during an argument, and they fell and sustained injuries. If you didn’t intend to cause harm, this can be a viable defense.
Unfortunately, it’s not uncommon for people to make accusations of domestic violence, especially during a divorce or a custody battle, for a variety of reasons, such as revenge, anger, or jealousy. If you can prove that the accuser made up the allegations or lied about what happened, you may be able to get the charges dropped. An experienced defense lawyer can investigate the details of your case and find evidence to support your claim.
In some cases, the evidence against you may be inadmissible in court, meaning that it cannot be used to prove your guilt. For example, if the police conducted an illegal search and seizure, obtained evidence illegally, or violated your rights during the arrest or search, your lawyer can argue that the evidence should be suppressed.
Lack Of Evidence
If the prosecution does not have enough evidence to support the charges against you, your lawyer can argue that the case should be dropped. The prosecution has the burden of proving its case beyond a reasonable doubt, and if they cannot do so, your case may be dismissed.
If the alleged victim agreed to the behavior in question, this can be used as a defense against domestic violence charges. Your lawyer can look for proof that the alleged victim agreed to the behavior to back up your claim.
If you were not present at the time the alleged incident occurred, you may be able to use an alibi defense. Your attorney can gather evidence to show that you were elsewhere when the incident took place.
It’s important to note that each case is unique, and the best criminal defense strategy will depend on the specific circumstances of your case. If you’re facing domestic violence charges, it’s imperative that you work with an experienced defense attorney who can assess your case, navigate the legal system, and determine the best defense strategy for your situation.
If You Or A Loved One Is Facing Domestic Violence Charges In East Brunswick, New Jersey, Contact Rudnick, Addonizio, Pappa & Casazza PC Today To Schedule A Free Consultation With One Of Our Experienced Defense Attorneys
At Rudnick, Addonizio, Pappa & Casazza PC, we have years of experience defending clients against domestic violence charges. Our team of skilled lawyers has a proven track record of success. We’ll do everything we can to find out what’s going on with the accusations against you, argue against the evidence the prosecution gives, and defend your rights in court. We understand the serious implications of domestic violence charges and will do everything we can to protect your freedom, reputation, and future. Contact us today to see how we can help and schedule a free consultation.