Domestic Violence Charges? Read this Free Guide Immediately
Things got a little out of hand. Tempers flared. Maybe there was a push, a shove, a slap. And, now someone’s facing domestic violence charges. However, this isn’t a normal situation. It was a one time event.
Allegations of domestic violence are very serious and should not be taken lightly. The National Coalition of Domestic Violence reports that over 1 million women are victims of physical assault each year. There is a lot of press about these victims and the laws to protect them. Unfortunately there are also victims from false accusations of domestic violence. These falsely accused defendants/victims face loss of reputation and possibly even loss of freedom. It is the job of a good criminal defense lawyer to protect the innocent.
Some of the most common defenses in those who have been wrongly charged are the following:
Burden of proof falls on the prosecutor and their client. If the prosecutor is unable to provide sufficient proof of the violence, the case could fall apart. Which is one reason it is so important to hire the right defense, one that knows how to poke holes in the other sides’ story.
Self defense is one of the most common reasons for false accusations. In some instances the accused had to react in defense of themselves or their children. For example, if a woman were to threaten a man with a weapon it is within reason that he would need to defend himself. The story can be misconstrued.
Deliberate false accusations to manipulate the system. We see these types of accusations when the parties are fighting over child custody and even divorce. It is a sad truth that some will file domestic violence charges out of spite against their soon-to-be ex-spouse.
False accusations can also lead to the wrong suspect being arrested. A defense attorney can establish the time line and alibi necessary to prove innocence.
All of these defenses are important and can be the difference between probation, jail, and freedom. Don’t rely on just anyone to
protect your right to freedom. Finding the right attorney that knows how to win these types of cases is of primary concern.
Domestic violence attorney, Robert Malove investigates whether the state has enough evidence against you. For example, is there a
911 tape? Did you make any statements? Did the alleged victim seek medical treatment? Were there witnesses? Were pictures taken?
Are there doctors and nurses who will testify? Is the charge a result of bona fide domestic violence or was the incident exaggerated?
Has the victim already recanted their story and the relationship is mended? Has this ever happened before?
Domestic Violence is serious. If someone you know has been accused of domestic violence, call us. We can help!