Top Defenses Against Domestic Violence Charges
March 17, 2023
Domestic violence is a serious crime in New Jersey, and those who are accused of such charges often face severe consequences. From criminal penalties and a tainted reputation to a restraining order, the repercussions can be overwhelming. In addition to the domestic violence charge, many people face additional criminal charges, such as assault, sexual assault, stalking, terroristic threats, or even harassment. But if you are wrongly accused or acted in self-defense, there is hope. A skilled defense lawyer can help you navigate the complex legal system and build a compelling case in your favor.
In this article, we look at some of the top defenses against domestic violence charges, including false accusations, self-defense, lack of evidence, mistaken identity, constitutional violations, and consent. By understanding these defenses, you can take proactive steps to protect your rights and clear your name.
False accusations of domestic violence are unfortunately common. A person who wants to get back at their partner or spouse may make up or exaggerate claims of abuse to get what they want in a divorce or child custody case. A good lawyer can help you fight these accusations by showing evidence that goes against what the accuser says. They will help clear your name.
If you acted in self-defense, you may have a valid defense against domestic violence charges. Self-defense means that you had a good reason to think that you or someone else was in immediate danger of harm and that your actions were necessary to protect yourself or the other person. For example, if your partner was attacking you and you used force to defend yourself, you may not be guilty of domestic violence. You need to work with a lawyer to establish that you were acting in self-defense.
Lack of Evidence:
The prosecutor has the burden of proving beyond a reasonable doubt that you committed the crime of domestic violence. If there is not enough evidence to support the charges against you, your attorney can argue that the case should be dismissed. This defense can involve scrutinizing the prosecution’s case to identify inconsistencies or gaps in the evidence. For example, the prosecution may lack credible eyewitness testimony, medical evidence, or reliable physical evidence. A skilled defense attorney can also challenge the credibility of the accuser and expose any motives they may have for making false accusations.
In some cases, the alleged victim may have mistakenly named the wrong person as their abuser. If the accused person was not present at the time of the alleged domestic violence, a skilled defense attorney can present evidence that establishes the accused person’s alibi or that shows they did not commit the crime. This evidence can include video footage, eyewitness testimony, or phone records that place the accused person elsewhere at the time of the alleged incident. By presenting a convincing case, your defense attorney can persuade the court that the accused person is innocent and should be exonerated of all charges.
Constitutional violations are a potent defense against domestic violence charges. If the accused person’s constitutional rights were violated during the arrest or investigation process, their defense attorney may be able to argue that the charges should be dismissed. This defense is based on the Fourth Amendment, which protects individuals from unreasonable searches and seizures, and the Fifth Amendment, which protects individuals from self-incrimination.
A violation of these rights could result from an unlawful search, an involuntary confession, or an illegal arrest. If any of these violations occurred during the investigation of domestic violence charges, the defense may be able to argue that the evidence was obtained unlawfully and should be suppressed. This can significantly weaken the prosecution’s case and in some cases, lead to the dismissal of charges. However, proving a constitutional violation can be complex, and it requires the expertise of an experienced defense attorney.
In some cases, the person who is being accused of domestic violence may have agreed to the actions that are being called domestic violence. For example, if both partners engage in consensual BDSM but one partner later accuses the other of domestic violence, the defense could argue that the activity was consensual.
Contact Zegas Law Today For a Free Consultation About Your Domestic Violence Case in Millburn, NJ
If you are facing domestic violence charges, it is important to take them seriously and work with an experienced attorney who can help you mount a strong defense. At Zegas Law, we know how serious domestic violence charges are and are committed to giving our clients strong and effective representation. Our skilled criminal defense lawyers will do everything they can to protect your rights and get the best possible outcome for your case. We will review the facts of your case and provide you with a clear understanding of your legal options. Contact Zegas Law today to schedule a consultation and learn how we can help you protect your rights and defend against these serious charges.