Domestic violence charges can result in very severe consequences. Along with the legal ramifications, a domestic violence conviction can impact an individual on a personal, professional, and social level.
Because the outcome can be so serious, it is important to know that there are legal defenses available for people facing charges of domestic violence.
Self-defense
This legal defense argues that the accused’s actions were necessary to protect themselves from harm. For instance, if the accused reasonably believed that they were in imminent danger of physical harm, they may have acted in self-defense.
False accusations
Sometimes, individuals are wrongly accused of domestic violence out of spite, revenge or misunderstanding. In such cases, the defense may argue that the allegations are false and lack evidence to support them. This defense requires presenting proof that contradicts the accuser’s claims and demonstrates the innocence of the accused.
Lack of evidence
In any criminal case, the burden of proof lies with the prosecution. If there is insufficient evidence to prove beyond a reasonable doubt that the accused committed the alleged acts of domestic violence, the defense may argue for dismissal of the charges. This defense highlights the importance of evidence and the presumption of innocence until proven guilty.
Accidental harm
Domestic violence charges require intent to harm or cause fear. If the accused can demonstrate that the alleged harm was accidental and unintentional, they may have a valid defense. For example, if a physical altercation occurred during a heated argument, but the accused did not intend to cause harm, the injuries inflicted could occur accidentally.
Lack of corroboration
Corroboration refers to supporting evidence or witnesses that confirm the alleged events. If the prosecution relies solely on the testimony of the accuser without any corroborating evidence, the defense may challenge the credibility of the accusations. This defense highlights the importance of objective evidence in proving guilt beyond a reasonable doubt.
Regardless of the charges against them, all people deserve a proper offense when it comes to criminal cases. By understanding different defenses and how they work, you can ensure that your rights are upheld in court.