Domestic violence is a very serious offense, and it’s a good thing that our criminal
justice system takes these allegations seriously. It’s estimated
that one in four women experiences domestic violence at some point in
her life, and — although these numbers are far less publicized —
about 835,000 men are abused each year. But if you’ve been unfairly
accused of domestic violence, you also need to find a criminal defense
lawyer and understand how
criminal defense cases involving domestic violence usually play out.
Common Defenses for Domestic Violence
Here are the five most common explanations given in DV criminal defense cases:
- The Police Arrested the Wrong Suspect
A defendant may claim that although abuse occurred, it was perpetrated
by someone else. Normally, the defendant’s lawyers will attempt
to demonstrate that he or she was somewhere else when the abuse occurred.
- The Plaintiff is Making False Allegations
Unfortunately, sometimes people will make false accusations of domestic
violence against a partner, perhaps to gain the upper hand in a child
custody or divorce case that is also ongoing. This can be exposed through
a lack of consistency in the plaintiff’s account, or documents establishing
a bad history between the plaintiff and the defendant.
- The Injuries Occurred as the Result of an Accident
Sometimes, people really do slip, or hurt one another accidentally. This
is usually checked by comparing the plaintiff’s physical injuries
against both people’s accounts of what happened.
- The Defendant Acted in Self-Defense
Generally, people are allowed to use force when they believe they are in
imminent danger of harm or are protecting their children from imminent
harm. If the defendant used force but was not the initial aggressor, then
this defense may hold up.
- There’s a Lack of Evidence
All criminal defense cases require the prosecution to prove the defendant’s
guilt; it’s not up to criminal defense attorneys to prove their
client’s innocence. Essentially, this means that a lack of evidence
can prevent a conviction.
Remember, it’s a good idea to hire an experienced DV lawyer for domestic
violence cases regardless of whether you’re the plaintiff or the
defendant, since domestic violence attorneys are well versed in the local,
as well as state and federal, laws surrounding issues of domestic violence.
If you have been charged with battery domestic violence,
call Las Vegas Criminal Defense Attorney David R Fischer today at 702-449-6010.