Possible defense strategies for domestic assault charges

On Behalf of | Jul 27, 2022 | Violent Crimes |

Domestic violence charges are quite serious. For starters, you risk losing your home, job and child custody in case of a divorce. In addition, your reputation is on the line and might suffer serious harm.

Below is a comprehensive look at possible defense strategies for domestic assault charges. Read on to find out more if you have been accused of domestic violence.

Affidavit of non-prosecution

A family member may file what is known as an affidavit of non-prosecution if they wish to change their statement. Although the prosecutor may not dismiss the domestic violence charges, the affidavit weakens the case and makes your legal defense much stronger, increasing your chances of winning the case.

However, the family member in question has to have an attorney present when filing the affidavit to protect themselves from perjury. It is a vital step that could save them a lot of headaches in the future.

Other available defenses for a domestic violence case

There are other avenues of defense should the family member be unwilling to drop the charges. These include the following:

Self-defense

If the other party’s actions exposed you to imminent danger, it is within your right to defend yourself. An example would be if they threatened you with a weapon such as a knife. However, it is not considered self-defense if they made the threats earlier. The keyword with self-defense is imminent, which means about to happen or impending.

False accusations

It is not uncommon to come across false domestic violence accusations. Most family members file such claims during divorce because they know it can deter the accused from getting child custody. Start by collecting all voicemails, texts and emails to help strengthen your defense.

In some cases, family members make open threats about their intentions of accusing you of domestic violence. It will also help to prove that you were not at the stated location during the time of the alleged incident. Cell phone records can help prove that you weren’t at that location at that particular time.

Accidents

A family member can always be struck by accident. For instance, if you were carrying heavy equipment during a home renovation project. A simple movement could accidentally result in injury to the other person. Evidence of an accident will be in the medical records that show the injury was not a result of deliberate use of force. 

FindLaw Network