Legal Defense Strategies When Facing Charges of Domestic Violence

 Posted on March 28, 2023 in Criminal Defense

Being charged with domestic violence can be a life-altering experience and not in a good way. It is crucial to understand the legal strategies that can be used to defend against these kinds of charges. Domestic violence charges can lead to severe consequences, including incarceration, loss of custody, and damage to your reputation. Today, we will be discussing essential legal defense strategies to consider if you have been charged with committing an act of domestic violence. In serious cases such as this, it is imperative to contact and hire an experienced criminal defense attorney to ensure you are able to adequately defend yourself against these charges. 

Consider These Defense Strategies

Firstly, it is essential to evaluate the evidence against you. Prosecutors must prove beyond a reasonable doubt that the defendant committed the alleged criminal offense. It is the responsibility of the defense attorney to scrutinize the evidence and identify any weaknesses in the prosecution’s case. For instance, the defense may argue that the accuser did not have any visible injuries or that the accuser’s statements are inconsistent. 

Secondly, the defense may argue that the alleged conduct did not meet the legal definition of domestic violence. Domestic violence typically involves physical violence, emotional abuse, or threatening behavior between intimate partners or family members. If the defendant’s actions do not meet this definition, the charges may be dismissed. 

Additionally, the defense may use the self-defense strategy. If the defendant acted in self-defense, the charges may be dropped. The defense may argue that the defendant was in imminent danger of harm and had no other option but to use force to protect themselves. 

The defense may also use the strategy of false accusations. In some cases, domestic violence charges may be the result of false accusations made by the accuser. For example, the accuser may be attempting to gain an advantage in custody or divorce proceedings. The defense may argue that the accuser’s statements are false, and therefore the charges should be dismissed.

Finally, the defense may consider negotiating a plea deal. In some cases, it may be in the defendant’s best interest to negotiate a plea deal with the prosecutor. This may involve accepting lesser charges or reduced sentencing in exchange for a guilty plea. 

Contact a Knoxville, TN Domestic Violence Attorney

If you have been charged with domestic violence, contact the experienced Knox County domestic violence lawyers with Jeffrey Coller, Knoxville Criminal Defense Attorney. Call 865-281-1000 for a free consultation. 

Source:

https://www.ojp.gov/pdffiles1/nij/grants/194069.pdf