When facing criminal charges for domestic violence, you need to prepare a proper defense. These allegations can impact your future and destroy your reputation.
Domestic violence involves causing injury or harm to a spouse, former spouse, child, or a couple that parents children together. In Arizona, this can also include former lovers who once resided together.
These crimes can be misdemeanors or felonies, and the penalties can be severe. Domestic violence laws are meant to protect the most vulnerable. However, sometimes mistakes are made, or accusations are unjust. The legal defenses against domestic violence charges may be helpful in clearing your name.
Lack of Proof
Many domestic violence cases are solely based on the statements of the victim and witnesses. Sometimes, there are verbal altercations, but this does not fulfill the definition of domestic violence. The prosecution must prove beyond a reasonable doubt that a violent act occurred. While screaming can be disruptive, it is not domestic violence.
The laws for domestic violence are to protect children and partners from violent acts. However, some people drum up false accusations on purpose. It may be due to bitterness about child custody in a divorce case or a jilted lover. The best defense against deliberate false accusations of domestic violence is to look for inconsistencies in the alleged victim’s testimony. Police reports and eyewitness accounts can be used to prove any lies.
When an attack happens, a victim may even accuse the wrong person. If you have been wrongfully identified as the perpetrator, it’s important to speak with a criminal defense attorney to help you get cleared of the charges. Your defense team can help prove you had an alibi when the incident occurred or find other ways to prove your innocence.
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The justice system is harsh to domestic violence offenders, and sometimes, that is well-deserved. But other times, domestic violence disputes involve both parties lashing out. When police officers arrive on the scene, they may not be able to tell who committed the crime. You may have simply been defending yourself or protecting someone else. Your attorney can argue that you were merely trying to protect yourself or someone else from harm by using reasonable force.
For self-defense to work, it must be shown that you had reason to believe your safety was in imminent danger. You will also need to prove that your actions were justified to protect yourself.
If you are accused of domestic violence, you must remember that you will not be portrayed as the victim in the courtroom. While the jury should remain unbiased, many people find it hard to keep bias out of domestic violence cases. You should speak with a domestic violence attorney in Tucson about your charges to find out how you should proceed.