3 Good Ways To Fight A Domestic Violence Charge
Domestic violence charges tend to automatically evoke a touch of sympathy for the victim and a little bit of scorn for the accused.
If you've been charged with domestic violence, it's your attorney's job to pull out the facts that will help overcome the emotions surrounding your case. That can often be done through the use of information that provides alternative explanations for the events that occurred, facts that indicate the victim in the case may not really be a victim -- just shrewd enough to use the legal system to his or her advantage -- and mitigating factors that give the judge or jury a reason to divert a little sympathy your way.
Are There Possible Alternative Explanations For The Violence?
Sometimes it isn't really clear that domestic violence has even taken place. Many instances of alleged domestic violence happen while at least one of the participants is intoxicated or impaired due to drug use. A good defense will examine certain specific questions:
- Could the victim be mistaken about who actually hurt him or her? For example, if the incident took place at a party in the woods, and the victim was either heavily intoxicated or high, is it possible that he or she mistook you for someone else?
- Did the victim either attack or threaten you first? Were you just trying to defend yourself?
- Are the alleged facts of the case simply impossible? If the victim says that he or she was hit by a bare-knuckled fist in the mouth, it's very unlikely that your hands wouldn't be bruised or bloodied.
What Might Sway A Jury Into Believing That You Are The Victim Of False Charges?
There are all sorts of motives that people have for pressing a false claim of domestic violence. Your attorney may be able to draw those motives out and cast reasonable doubt on the situation through careful questioning:
- Did you recently break off a romantic relationship with the victim? Could the charges be an act of revenge?
- Are you embroiled in a custody battle over your children? Would a domestic violence conviction help the alleged victim get custody?
- Has the alleged victim offered to drop the charges if you agree to return home, stay married, or comply with some other request? If so, the charges may be a way to try to exert control over you.
Can Mitigating Factors Help If You Are Clearly Guilty?
When you are clearly guilty, sometimes the best tactic an attorney can take is to present the court with mitigating factors that will allow the judge or jury to have some sympathy for you:
- Was the act of violence in response to a sudden emotional overload? For example, did you find your husband in bed with your sister?
- Do you suffer from mental illness? Were you an unmedicated bipolar or a soldier with post-traumatic stress disorder?
- Were you intoxicated or high at the time of the abuse? Have you started rehab or another program since the incident?
- Were you the victim of violence at different times in the relationship? If so, did you finally just snap and act out of fear of worse violence or a sudden rage at all the past violence?
Your attorney isn't looking to excuse your actions -- just find a way for jurors to see themselves in your position for a moment. This strategy often works best if you've taken steps to learn a better way to respond -- like entering therapy or starting medication.
For more information on how to fight a domestic violence charge instead of pleading out, talk to a domestic violence attorney today.