Common Defenses to Domestic Violence Charges

Domestic violence is a serious offense and the law takes strict actions against the guilty. However, cases of false allegation aren’t very uncommon. On being wrongfully accused of domestic violence, you can get into huge trouble which, in turn, can adversely impact your life as well reputation. If you feel that you are in a similar situation and want to fight off the charges, you must know what are the potential defenses that can be used to protect your rights and interests. The most important right that you have in this regard is the right to an attorney. A good domestic violence attorney can help you figure out the best strategy to fight false allegations of domestic violence.

Here are the common defenses to domestic violence charges: 

Deliberate False Allegations

In some cases individuals make false allegations of abuse against partners for personal gain or reasons that are not at all related to violence. Such charges often appear in divorce cases where the spouse makes false allegations to collect more monetary reward or gain full custody of children. In such cases, the defendant needs to find inconsistencies in the story of the opponent by matching police records or examining accounts of witnesses or through close examination.

Wrong Suspect

The defendant may also claim that someone else was responsible for the violence and prove himself innocent. To prove that the defendant cannot be the person who has committed the offense, the accused needs an alibi that he wasn’t present at the scene when the alleged victim was abused. You can present witnesses who testify that you were with them, not close to the scene of crime. You can also present photos or videos with time stamp that show you were somewhere else at that time.

Lack of Evidences

In domestic violence cases, one of the strongest defenses could be finding loopholes in the opponents case or argument. The defendant cannot be convicted if the prosecution cannot provide sufficient proof against the accused. An experienced attorney can uncover loopholes and contradictions in the arguments of prosecutor or the alleged victim to save the defendant.

Consent

The defendant can use this defense if he can prove that the opponent consented to the act. This includes situations where both individuals have willingly participated in a volunteer fight or sadistic sexual practice. However, it becomes difficult to defend yourself if there is no witness to back-up your claim.

Self Defense

For using self defense as a strategy, you must prove that your action was only intended to protect yourself or your children. This type of defense works only if you can prove that you perceived an imminent threat and was not the initial aggressor.

For using these defenses to fight domestic violence charges, careful examination of the case and situation is required, which becomes easy if you hire an expert Denver domestic violence lawyer. With good observation skills and deep understanding about the state laws, he or she can help you deal with such cases efficiently.

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Benefits of Hiring an Experienced Lawyer

If you are preparing to fight a criminal charge imposed on you, no one can help you better than an experienced criminal defense attorney. The consequences of your case highly depends on the attorney you hire and while selecting the one, you must scrutinize various aspects thoroughly to be sure that you are investing your time and money for your benefit. Criminal charges could lead you to serious penalties including incarceration in state prison or jail, hefty fines, a criminal record and many more. The main responsibility of your criminal defense lawyer is to present your case in such a way that you either get rid of all the charges or get your penalties minimized. Experience always matters and a seasoned criminal defense attorney knows the criminal justice system a lot better than a newbie.

Let’s have a look at the prominent benefits of hiring an experienced criminal defense lawyer:

Better understanding of legal procedures

Through years of practice and legal representations, an experienced criminal defense attorney has a better understanding of how things work in the legal system. Dealing with different kinds of cases gives him a fair idea about what impacts the decisions, severity of charges, plea offers, potential strategies of defense and what to expect from the judge or the prosecutor. Understanding the legal procedures in context to your case is an important step for building a strong defense strategy. 

Better assessment of consequences

An experienced criminal defense attorney can evaluate the consequences that you may face owing to your criminal charges. For instance, if you have been charged with DUI, reviewing your circumstances, the attorney can alert you about the potential range of penalties. Experience can also predict which plea deals are going to surface in your case and what could be the possible outcome. Certain cases might have a long term impact on your life while some may ruin you job prospects. Anticipation of possible consequences is essential for fighting a case. 

Established reputation and track record

Good track record and reputation of an experienced attorney reflect his skills and ability to protect the rights and interests of his clients. His track record signifies his success rate. Having a background check before hiring a lawyer can help you in hiring the best lawyer for your case. Reputation and a noteworthy track record depend mainly on client satisfaction, success rate and skill set of the lawyer, and a reputed attorney would help you the best in getting out of the trouble as quickly as possible. 

Integrity and trust

Integrity and trust are two important attributes of an attorney that strengthens with experience. When you hire an experienced criminal defense attorney you trust him for doing the job correctly. You also trust him with your documents or facts that the attorney must keep confidential. When the stakes are high, instead of putting your faith in an unproven lawyer it’s better to hire an experienced one who can take care of your case and defend you in the best possible way.

Wide area of practice

Every criminal case differs in some way or other even if the charges and circumstances look similar. Years of practice brings experience of handling a variety of cases which ultimately widens the area of practice. Criminal charges are often tricky and in some cases dealing with them becomes difficult for an inexperienced lawyer, no matter how much knowledge he has garnered from journals. Experience renders a great knowledge base and the ability to analyse different types of cases well, so that appropriate defense strategies can be formulated. 

Devotion and Perseverance

An experienced attorney with a good track record is bound to be devoted to your case. He would also try to strengthen his reputation by adding one more success story to his portfolio and this would certainly work in your favor. Perseverance is another attribute that comes with experience. Determination and tenacity to have a verdict in client’s favor develop over time. Thus, if you hire an experienced lawyer, you can expect substantial devotion and determination on his part while solving your case.

Taking all these points in view, it can be stated that experience should be one of the prime criteria while hiring a criminal defense attorney, as it could efficiently increase your chances of winning the case.   

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