Accusations of domestic assault are very serious in nature and, thus, require a strong and well-informed defence to help the convicted.
Facing charges of domestic assault can be overwhelming and worrying, given its potentially harmful consequences. In cases of false assault claims, the prosecutor often uses it to gain leverage in custody fights and other legal issues. However, the most skilled defence lawyers can help you navigate the criminal justice system.
Now, the defence that a lawyer can use differs on a case-by-case basis and the finer details of each party. However, there are certain common practices a defence lawyer can use to defend the convicted.
Common Domestic Assault Defences Used By Defence Lawyers
1. You Didn’t Do It
The most common defence against domestic assault is that you simply didn’t do it. You can also claim that someone else abused the victim. In this instance, the defence lawyer will first establish your whereabouts to check whether you were at the scene of the crime.
If you were absent, the lawyer would check for an alibi to speak for you in court. The lawyer will also look for any evidence that can incriminate you in the future and try to nullify it with the right arguments.
Domestic assault cases often overlook the violence faced by the victim during an argument. For instance, your lawyer can argue that the quarrel became heated, and your spouse attacked you first. So, you had to protect yourself and fight in self-defence.
In this case, your lawyer must also establish that the self-defence was proportionate to the initial attack. Moreover, your claims should be reasonable and backed up by proof of injury and a solid story which the lawyer can help you with.
3. Accidental Injury
Your lawyer can claim that the victim’s injury resulted from an accident and was not inflicted by you. To convict you of domestic assault, the prosecutor must prove that you inflicted the injuries with malicious internet. However, if your lawyer can prove otherwise, the charges against you may be dropped.
4. The Victim Has Lied
Sometimes, a bitter spouse can fabricate a story to incriminate you in a false case. In this case, your defence lawyer will see:
- If the victim’s injury can be proven to be falsified
- If the police report on the assault matches your version of the story or is inconsistent with your spouse’s claims
5. Domestic Assault Cannot Be Proven Beyond Reasonable Doubt
This defence can be used if the victim refuses to testify or if there isn’t substantial evidence to incriminate you. In this case, your lawyer will scrutinize the victim’s allegations in detail to find any loopholes to support your claim.
It stands to reason, therefore, that a defence lawyer can be of immense help in defending domestic assault cases. In severe or unique cases, they can also concoct efficient strategies to reduce your penalty or free you from the charges altogether.
So, if you’re currently facing a domestic assault charge without assured legal help, immediately contact an experienced defence lawyer in your vicinity.