Not everyone who is arrested is guilty of the crime that they are charged with. If you were arrested on spousal abuse or domestic violence charges, there may be more to the story than what the officers noted. A great criminal defense attorney can work to defend you against the charges you are facing by raising possible defenses. Here are three common defenses that criminal defense attorneys often use when their clients are charged with spousal abuse or domestic violence.
One of the most common defenses that is raised for spousal abuse or domestic violence charges is self-defense. In many cases, one party starts a fight and things turn violent. Another party either restrains the violent party or injures them while trying to protect themselves. The party that was injured may be viewed as the victim when in actuality, the party not viewed as the victim was only acting in self-defense. This type of claim can be difficult to prove, as it is a he-said-she-said situation, but it may raise enough doubt to prevent a conviction.
Agreed Upon Activities
Another common defense for spousal abuse charges or domestic violence is that the parties were engaged in consensual or agreed-upon activities. For instance, maybe the couple was practicing boxing and one party suffered an injury and had to go to the hospital. The cops may be called and the other party may be automatically arrested based on the way the situation looks. If the parties were engaged in consensual activity, this can be a great defense for domestic violence charges.
False Allegations or Lack of Evidence
The final defense that criminal defense attorneys often raise for spousal abuse or domestic violence charges is false allegations or lack of evidence defense. They may simply state that the allegations are false. If there are no photographs of any injuries, the lack of evidence can make it hard to move forward with this type of case, and many end up being dismissed.
If you have been arrested and charged with spousal abuse or domestic violence, one of the things that you can do is to hire a criminal defense attorney who has experience with these types of cases. You can then explain your side of the story to your attorney and let them come up with the best defense to the charges you are facing. This can help to get the charges against you dismissed, reduced, or even can help a jury find you not guilty if the case goes to trial.