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Defending against domestic violence charges

On Behalf of | Nov 16, 2021 | Domestic Violence

Domestic violence incidents could involve a brutal physical confrontation. Bruises and marks on the victim may leave a jury having no sympathy for the accused assailant. Not every domestic violence claim leads to a conviction, though. An effective and credible defense in a Connecticut courtroom may prove that the defendant is not guilty of the crime. Several defense approaches could work in the factor of the person facing charges.

Defenses to domestic violence

If a spouse or partner attacks someone in a rage for no reason, that could be a clear-cut example of domestic violence. Upon being assaulted, the person may fight back, injuring the attacker. Ironically, the attacker might file domestic abuse charges. Expect “self-defense” to serve as the defense strategy in this scenario. Evidence, such as bruises or comments overheard by a witness, might support the self-defense claim.

A domestic dispute may involve outright false claims. Lying about domestic violence in an attempt to sway a child custody hearing is not uncommon. Other reasons might lead someone to file false charges. Hopefully, the holes in the story or conflicting statements will cast enough doubt on the claims.

Domestic violence and criminal proceedings

In a criminal trial, domestic violence charges require proof beyond a reasonable doubt for a conviction to be obtained. Therefore, lack of evidence may lead to charges being dismissed. People who make false accusations may not have the necessary evidence to prove the case. Even when domestic violence might happen, a lack of evidence might hurt the prosecution.

Sometimes, the evidence could result in the defendant’s exoneration. The police might lead the victim to accuse an innocent person, but an alibi may undermine such dubious tactics. Poor police work or outright unconstitutional behavior may take place. Violations of rights could be brought up in court to challenge evidence and statements made against the defendant.

The accused might also explore plea bargain deals when evidence points to guilt. Seeking lesser penalties reflects another way to address domestic violence charges.