3 Defenses Your Attorney May Suggest When Fighting Domestic Violence Charges

17 August 2022
 Categories: , Blog

Being convicted of domestic violence charges can come with some very serious consequences, including jail time. That is why it is important for you to consult a criminal attorney when dealing with domestic violence cases. When meeting with your attorney regarding your case, there are three defense strategies that they may wish to pursue. You can learn more about these three strategies below. 

Option #1: Self-Defense

The law provides you with the right to protect yourself. This remains true even if the threat to you is coming from someone you share a home with. If you felt as though your life was in danger at the time the alleged domestic violence took place, your attorney may wish to assert that you were acting in self-defense. In order to use this defense strategy, your attorney will need to prove that you had good reason to believe the other person was going to do harm to you and that you took reasonable actions in order to eliminate this risk. 

Option #2: Defense Of Others

Just as the law gives you the right to protect yourself, it also allows you to take reasonable actions to protect others. For example, if you felt as though your children were in imminent danger, you have the legal right to take action to prevent them from being harmed. Just as with self-defense, the law only allows you to use as much force as is necessary in order to stop the immediate threat against you or someone that you are protecting. This means that once the threat has been neutralized, you cannot continue to use force. If excessive force was used, you may not be able to successfully pursue this defense strategy. 

Option #3: Consent

In order for you to be convicted of domestic violence, the prosecution must prove that you caused physical harm to the other party without their consent. While the idea of someone consenting to a physical attack may seem a bit far-fetched, the truth is that this type of consent is given all the time. For instance, if your spouse was injured while you were roughhousing, you cannot be convicted of domestic violence as a result of any injuries they suffered since they consented to the activity. The same is true when engaging in sporting events such as a boxing match. If you believe that the injuries suffered by the other party were the result of a consensual event, your lawyer may wish to use this defense strategy in your case.

For additional information about domestic violence cases, contact a criminal attorney in your area.