Defending Your Case Against a Domestic Violence Charge
Domestic violence is an emotionally-charged topic that often leads to accused individuals being assumed to be guilty before they are proven to be. This is frequently true with all types of abuse accusations, such as accusations of child and animal abuse, because the thought of violence against a defenseless party often prompts a visceral reaction.
But an accusation of domestic violence is just that: an accusation. If you are facing an accusation of domestic violence, you have probably already felt the effects of the stigma this type of accusation carries. Clear your name by working with an experienced criminal defense lawyer to determine an effective strategy to defend your case.
Do Not Speak with Police Unless you Have First Consulted with a Lawyer
Although you might be tempted to tell “your side of the story” during an investigation by law enforcement, keep quiet until you have received legal counsel. In many cases, law enforcement use tactics to coax an incriminating statement out of an allegedly guilty individual. During this questioning, you could make a statement that sounds completely innocent, but in fact supports the charge.
Domestic violence is a broad area that covers a wide range of actions and a statement you make could be construed as you admitting to a type of abuse other than the one you were initially accused of committing, such as admitting to psychological abuse when attempting to defend yourself against an accusation of physical abuse. Under no circumstances should you admit to using force against the accuser.
Acting in Self Defense
Self defense is commonly cited as a defense against a domestic violence charge. This is because by law, individuals who are victims of violence themselves may use force if it is necessary to protect themselves. But if you claim you acted in self defense, you need to prove that you acted in self defense. This means that you need to prove that you either were at risk of suffering from harm at the hands of the other party involved or that you had a real, reasonable fear that you were at risk of being harmed.
A similar defense is to claim that you were acting to protect a child from harm. As with self defense, proving that there was a real cause for concern about the child’s safety is key to a successful legal strategy.
Work with an Experienced Miami Domestic Violence Defense Lawyer
If you have been accused of or charged with domestic violence, retain an experienced Miami criminal defense lawyer immediately. Not all domestic violence claims go to court and not all charges result in convictions, but you need to give your case its best possible chance of reaching a favorable outcome by working with a lawyer who knows how to handle this type of charge. To learn more, schedule your free legal consultation with a member of our team at Ratzan & Faccidomo, LLC today. Be proactive and make the call as soon as you can.