Those who are facing allegations of domestic violence need to be aware how serious the charges really are. This is one of those charges where the people closest to the defendant judge him or her to be guilty before the case even goes to court. These charges can be difficult to defend, but here are five possible defenses to domestic violence charges.
This is one of the rarest used, but if the victim voluntarily consented to a certain act, then it’s possible that the consent can be used as a domestic violence defense.
Many defendants in domestic violence cases were simply trying to protect their children or acted in self-defense. If the defendant was not the initial aggressor, had a response that was proportional to the other person’s actions and those actions were perceived to be an imminent threat, then this defense may be effective.
3. False allegations.
This is common, especially if there is a child custody battle or divorce in progress. It’s possible to find inconsistencies in the alleged victim’s story, which can strengthen the defense’s case.
4. Wrong person.
If there was someone else who committed the crime, that’s one of the best defenses of all — when you can prove it. Providing an alibi or proving that the other person was close to the crime scene can provide weight to the defense’s argument.
5. No proof.
If there is not enough evidence shown by the prosecution to uphold a guilty verdict beyond a reasonable doubt, then there should be no guilty verdict.
An experienced Utah criminal defense attorney can provide more information on viable defense strategies that pertain specifically to your case.
Call Greg S. Law, at 801-261-6228 local or 888-784-3554 toll free.
Whether you have been falsely accused of domestic violence or the alleged victim wants the charges dropped and is refusing to cooperate with the prosecutor, don’t assume that your situation is not serious, or that it will all work out somehow, or that you can handle it yourself. The prosecutor is not your friend. He or she wants convictions and revenue from fines. Do not be fooled into thinking the prosecutor cares about your rights or your future.
Let our attorneys fight these charges on your behalf. For more information, call or contact us online for a free initial consultation with a lawyer. We are available for evening and weekend appointments, and we accept major credit cards.
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call or complete the intake form below.
Greg S. Law, provides aggressive criminal defense representation in the Salt Lake City area and throughout the state of Utah, including cities such as Ogden, Provo, Park City, Sandy, Orem, Heber, Vernal, Duchesne, Roosevelt, Tooele, West Valley City, West Jordan, Kearns, Murray, Cottonwood Heights, Layton, Kaysville, Farmington, Centerville, Bountiful, Price, Moab, Cedar City and St. George. Salt Lake County ∙ Davis County ∙ Weber County ∙ Utah County ∙ Summit County (UT)