Facing Domestic Violence Charges? Here Are the Defenses That Can Protect Your Future
Being charged with domestic violence is not only stressful but life-changing. The potential consequences—jail time, restraining orders, and a permanent mark on your record—can feel overwhelming. But here’s the good news: not every accusation leads to conviction. With the right legal defense, you can fight back and protect your rights. At Kersey Law, we specialize in defending clients accused of domestic violence. In this guide, we’ll walk you through the top five common defenses used in domestic violence cases that could make all the difference in the outcome of your case.
Self-Defense: Protecting Yourself from Harm
The Legal Basis for Self-Defense
One of the most common defenses in domestic violence cases is self-defense. In California, you have the right to defend yourself if you believe you’re in imminent danger of being harmed. If you were acting to protect yourself, your attorney can argue that you were not the aggressor but rather the victim in the situation.
How Self-Defense Can Be Proven
To establish self-defense, your lawyer will need to demonstrate that:
- You reasonably believed you were in immediate danger.
- You only used force necessary to prevent harm.
- You did not initiate the violence or provoke the situation.
False Accusations: When the Claim Is Simply Not True
Why False Allegations Happen
Unfortunately, false accusations of domestic violence are more common than many people realize. In situations involving divorce, child custody disputes, or even jealousy, one party may fabricate a domestic violence claim to gain an advantage in court or out of spite.
Exposing the Truth
Your defense attorney will investigate the circumstances surrounding the accusation, looking for inconsistencies, ulterior motives, or evidence that the claims are false. Witness testimonies, text messages, and even social media posts can help disprove the allegations.
Lack of Evidence: Challenging the Prosecution’s Case
The Burden of Proof
In any criminal case, the burden of proof lies with the prosecution. They must prove beyond a reasonable doubt that the alleged violence occurred. Without solid evidence, the case against you may be weak.
How to Challenge Weak Evidence
If the prosecution’s case relies solely on the alleged victim’s word without physical evidence, your defense attorney can challenge the credibility of their testimony. In many cases, lack of medical reports, inconsistent statements, or lack of corroborating witnesses can lead to a case dismissal.
Consent or Mutual Combat: When Both Parties Were Involved
What Is Mutual Combat?
In some cases, the altercation between two parties may have been consensual or involve mutual participation, known as mutual combat. This defense can be used when both individuals were equally involved in the dispute and neither party was the sole aggressor.
How Mutual Combat Defense Works
Your lawyer can argue that the altercation was consensual and not a one-sided attack, showing that both individuals bear responsibility for the incident. This can reduce the severity of the charges or lead to a case dismissal.
Lack of Intent: Accidental Injury Does Not Equal Domestic Violence
Accidents Happen
Sometimes, what is perceived as domestic violence is actually an accident. You may have unintentionally caused harm during an argument or altercation, but that doesn’t mean you had the intent to commit violence.
Proving Lack of Intent
Your attorney can argue that any harm caused was accidental and that you did not intend to inflict injury. This defense can often be supported by witnesses or other evidence showing that the incident was not premeditated or intentional.
What to Do If You’re Facing Domestic Violence Charges
Why You Need an Experienced Criminal Defense Lawyer
Navigating a domestic violence charge without proper representation can lead to disastrous outcomes. An experienced criminal defense attorney will build a personalized defense strategy, challenge the evidence, and work to get the charges reduced or dismissed.
How Kersey Law Can Help
At Kersey Law, we understand how overwhelming these charges can be, and we have a proven track record of defending clients in domestic violence cases. Our team will investigate every detail, gather the evidence needed, and fight to protect your rights and your future.
Defend Yourself with the Right Strategy
Domestic violence accusations can have severe consequences, but you don’t have to face them alone. Whether you’re dealing with false accusations, self-defense, or lack of evidence, the right legal strategy can turn the tide in your favor. If you’re facing domestic violence charges, contact Kersey Law today for a confidential consultation. Let’s start building your defense together.
