When people are charged with domestic violence, the consequences can be devastating. They can include jail time, fines, probation, restraining orders, and loss of custody or visitation rights in some cases. It is important that the accused have a strong criminal defense attorney by their side to protect them from these consequences. So, How do criminal defense attorneys defend against the charges? They start by investigating and gathering evidence. They look for inconsistencies and holes in the prosecutor’s case. They also try to get a better understanding of what really happened in the incident that resulted in your arrest.
Most DV accusations come down to one person’s word against the other. This means that prosecutors have to prove the accused committed the crime of domestic battery (or any other domestic violence offense) beyond a reasonable doubt. The burden is much higher in a domestic violence case than in any other type of criminal prosecution. This is why it is so crucial for an experienced criminal defense attorney to investigate the incident and gather as much evidence as possible.
A common defense strategy in a domestic violence case is to focus on the fact that there wasn’t enough evidence for the state to meet its burden of proof. This involves looking at the details of the incident and questioning witnesses to find inconsistencies. Then, the attorney will argue to the judge and/or jury that the prosecution did not meet its burden of proof.
Another defense strategy in a domestic violence case is for the criminal defense attorney to raise reasonable doubt by challenging the credibility of the alleged victim. This can be done by pointing out inconsistencies in their testimony, discrepancies between their story and the physical evidence (e.g., a claim of being hit when there are defensive wounds on the accuser), and other forms of dishonesty.
A criminal defense attorney may also argue that the defendant was acting in self-defense or the defense of others. Under California law, a defendant is justified in using force in certain circumstances to defend themselves or other family members. This can include protecting property from damage or defending against an attack on someone else in the home.
If they can show that the alleged crime is minor and should only be classified as a misdemeanor, a criminal defense lawyer will try to have the charge reduced to that level. Sometimes prosecutors over-charge in order to coerce a defendant into accepting a plea deal. It is important that this type of bullying be resisted at all times. The best way to do this is by presenting a solid defense theory.
