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Common Defenses for Domestic Violence Accusations

While being accused of committing assault or battery against anyone is a serious matter in and of itself, violent crimes committed against a person with whom a person shares a family or intimate relationship can be met with even harsher penalties. Nevada’s domestic violence laws seek to prevent these acts by imposing more severe penalties and granting certain protections to victims of domestic violence. If you have been accused of domestic violence, it is vital you retain the services of a powerful legal team as soon as possible to protect your freedom. Depending on the circumstances surrounding your charges, an attorney may be able to employ a number of different strategies to combat the prosecution’s claims and maximize your chances of securing a desirable outcome for your situation.

Some of the most frequently used defense strategies include:

1. Blatantly false allegations: Unfortunately, it is not uncommon for individuals to be falsely accused of domestic violence by former spouses or dating partners out of spite to gain an advantage in a divorce or custody battle. An attorney can seek to expose inconsistencies in your accuser’s testimony and compare it to police reports of the incident.

2. Self-defense: One of the most widely used domestic violence defense strategies is to assert the alleged violent act was committed in self-defense. You cannot be found guilty of domestic violence if you used necessary force to defend yourself against imminent danger. Your attorney will argue that you were not the aggressor in the incident and that you used no more force than was necessary to stave off the threat.

3. Not a spouse, cohabitant, or parent: In order for an act to be considered domestic violence, it must be committed against a family member, cohabitant, spouse, or former spouse. Your attorney can contest whether or not the alleged victim was indeed a member of any of these protected classes and pursue a reduction of your charges.

4. No traumatic condition: You may not be convicted of domestic violence if there were no injuries reported at the time of your arrest.

5. Lack of proof: Your strongest defense will likely be the strategy of exposing weaknesses in the opposition’s arguments. You cannot be convicted if the prosecution fails to meet the mandatory burden of proof.

Skilled Criminal Defense Lawyer in Las Vegas

If you are facing allegations of domestic violence, the a Las Vegas criminal defense attorney from the Law Office of David R. Fischer can protect your rights and fight to secure a reduction or dismissal of your charges on your behalf. Backed by a 10.0 Superb Avvo Rating and a prestigious Super Lawyers® inclusion for our unrivaled advocacy, your case is sure to be in excellent hands.

Call or schedule a free consultation today to get started towards retaining the representation you deserve.