Domestic violence is an all-too-common problem in society, but if you've been charged with this crime, you're entitled to a defense. And, certainly, some charges are unwarranted. If you've been charged with domestic violence, you need the representation of an attorney to help defend you in court.
He or she can examine your case and determine if any of the following circumstances may help your defense:
1. Mutual violence
In some cases, two people have physical contact, but only one is arrested. The other person may have called the police, so they may have been more inclined to take his or her word over yours. Or perhaps someone else called, and the police felt obligated to make an arrest.
Sometimes these events happen when the accuser or both parties are intoxicated. If that's the case, there may be evidence to support the fact that you were also a victim. Perhaps you and your accuser were at a bar, and other patrons saw you both drinking. Or maybe you have receipts to show he or she was running up a big bar tab throughout the evening. Any injuries that you sustained can also be used to help defend you against the charges.
2. Self defense
You're entitled to defend yourself if you reasonably believe you're about to be injured. The force used, however, much be proportional in response to the threat. This same idea applies to defending others. If, for example, a violent family member is assaulting another member of the family, you can intervene to help protect them.
Your lawyer can help make this claim by explaining your case and backing it up with evidence concerning physical injuries you may have sustained.
3. False accusation
In some cases of domestic violence, the victim makes up a claim that he or she was assaulted. This isn't always the case, certainly, but it does occur. It happened to NBA player Dante Cunningham in 2014. He was charged with domestic violence and faced intensively negative public reaction.
Ultimately, the charges were dropped, and police concluded that Cunningham's accuser made up at least some of the charges against him. He's no longer in the NBA, a fact that he thinks is in large part because of the charges.
In some cases involving a false accusation, the defendant and the accuser may be embroiled in a child custody or divorce case, and one partner may be trying to gain an advantage over the other.
If you've been accused of domestic violence, contact a local attorney who can help represent you in court. Depending on the circumstances, he or she may be able to get the charges dismissed or reduced. Your lawyer may also be able to negotiate for an alternative to jail time, such as community service or anger management classes.
To learn more, contact a company like Metropolitan Lawyer Referral Service Inc. with any questions or concerns you have.