5 Potential Valid Defenses for a Domestic Violence Case
Domestic violence is fast becoming an epidemic in the United States. However, there have been a few cases of false accusations. If someone wrongly accuses you of domestic violence, you must mount a solid legal defense, as a conviction carries severe penalties.
Domestic violence generically refers to particular underlying criminal offenses one may be charged with, like stalking, harassment, violation of a protective order, and assault.
In a domestic violence case, hiring an experienced and result-oriented criminal defense lawyer is paramount if you want to stand a chance of winning the case.
This piece explains five common defenses that may apply to domestic violence issues. An attorney’s legal expertise can help you determine which fits best for you.
Self-Defense
Self-defense is an affirmative and acceptable argument for some cases in Connecticut. If your partner attacked you, approached you with a knife, or repeatedly struck you, you can respond proportionately by defending yourself. However, this depends on your jurisdiction.
You may also argue that you were protecting a child or family member. If you have documentation of evidence to support this claim, you can present it in court. Your lawyer can further enlighten you on instances where this defense works.
Violation of Your Rights or Police Misconduct
Even if you are arrested for domestic violence, you still have rights that arresting officers must legally adhere to. Sometimes, police interrogate suspects in the back of their vehicle or while in custody without first reading the Miranda rights to the suspect. In some other cases, law enforcement agents may break into your car or house without a search warrant, probable cause, or “exigent circumstances” (an emergency that makes them believe that they must break into your car or home without your approval or warrant to prevent you from hurting someone).
In these cases, your lawyer may argue that the police breached your rights, which led to suppression of admissions and other facts that the prosecution may require to argue their case beyond a reasonable doubt.
Arguing That Domestic Violence Relationship Never Existed
Most states in the US require the prosecution to establish that you had a particular form of relationship with the victim for a domestic violence charge to be valid. Such relationships include dating, sharing a kid, marriage, and other close associations.
If you had no relationship with the victim, your legal representative might prove successfully that the domestic violence statute cannot apply, which can limit your penalties substantially.
Victim Dishonesty
In a domestic violence trial, you may also argue that the victim is dishonest. If the victim narrates multiple versions of the same story to different people, your attorney can identify the inconsistencies.
Never Admit to Drinking
While providing a law enforcement officer with your name, registration, driver’s license, and vehicle insurance details is legally acceptable, no law forces you to answer the “How much have you had to drink tonight?” question.
Remain silent in your best interest, and never attempt to prove any point. The officer might be recording your conversation. Hence, they can use anything you say against you.
Do not answer any question relating to alcohol consumption because it is a vague discourse that might lead you into self-confession.
Also Read: Domestic Partnership Vs. Marriage: What Is the Difference?
Conclusion
“Choose a reputable and experienced criminal defense attorney to defend you in a domestic violence matter. If not well handled, it is a serious matter that can affect your life negatively. You must be proactive and calculative in your decision-making,” says attorney Mark Sherman of the Connecticut Domestic Violence Information Center.
