Depending on the severity of your charges, you may spend a few days in jail or face years of serving time. The significant and life-altering consequences that one undertakes after being charged with domestic violence are no joke, but you mustn’t go into panic mode. It’s essential to remember that evidence plays a critical role in determining your fate. Hence, you should prepare your defense if you get caught up in unpleasant situations. At the same time, you must know that conviction and accusation are not the same things. If you are a suspect, you still have a lot of room to prove you are innocent. Anyway, here are a few insights into this direction.
The common defenses against domestic violence charges
Trying to protect oneself or someone from the family
When you use force to thwart an attack on yourself or someone else from your family, it can be a case of self-defense. But if you created a violent situation, you cannot use it as an argument in your favor.
A person is falsely accusing you of the crime.
Many defenses are available to those accused of domestic violence in most states. Suppose you can demonstrate that the accuser is lying about what happened (perhaps because you have an alibi or objective evidence against them). In that case, you can have a higher chance of acquittal from the charges. For example, it’s not uncommon for someone to make a false allegation that they have been the victim of physical abuse. It sometimes happens when people are trying to get a leg up in divorce or child custody court cases, or they could be bitter over a recent breakup or trying to take revenge on their ex.
When you admit to being at the crime scene but assert your innocence and claim it was an accident, there will be an investigation, disputations, and police interrogations to verify the consistency of your testimony. Suppose you say that the knife fell from your hand accidentally and hit your spouse, hurting them. In that case, the investigation team will simulate the scene and repeat all the events to check whether what you claimed made sense.
There were errors in the investigative procedure.
It can come to your advantage if the police officers commit one of these errors when interrogating you on the domestic violence charges:
- Not recording your statement during interrogation
- Forcing you to speak up when you were exercising your right to be silent
- Not showing interest or listening to your side of the story
Anyway, all these can happen only when you are out on bail. Since these charges often come with hefty monetary penalties in Dayton, you would want to contact a bail bonds company, such as Castle Bail Bonds – Dayton, to post your bail. Once you are outside, you can look for a qualified attorney to take up your case and purge you from the alleged charges. So make sure you don’t get panicked and immediately connect with a trusted bail bonds agent for help. Actual planning can happen only after that.