Being accused of domestic violence isn’t only a serious matter, but it’s also an emotional one. These types of allegations can turn your life upside down. That’s why it’s vital to ensure you have a good defense if you are accused.
What is the best defense against domestic violence charges? That really depends on your individual circumstances. A skilled attorney can help to formulate the best defense for you, but, in general, there are some defense strategies to use against Minnesota domestic violence charges. Here are some of the most successful.
What Is the Best Defense?
There are many different types of defense strategies your attorney can help you to use in court to fight back against domestic violence allegations. While no two cases are the same, your attorney can help determine the winning strategy for your case.
The most commonly used defenses against domestic violence include:
One of the most common defenses in domestic violence cases is self-defense. If you were acting in a way to avoid physical harm from a member of your household or spouse, then this may be a defense that can work for you.
Of course, there are limitations to this type of defense in Minnesota. If you instigated the violence in any way, then you cannot claim self-defense. In the eyes of the law, once a violent interaction has been instigated by someone, they lose the right to claim self-defense.
You must also have felt a reasonable belief that you would be harmed in the situation. If there was no immediate threat, then it’s tough to claim self-defense successfully.
Finally, it’s important that only a reasonable degree of force be used when defending yourself. For example, if you were in a situation where you were only at risk of minor injury, it’s not reasonable to use lethal force to protect yourself.
Defense of Others
An offshoot of self-defense is a situation in which you acted in the defense of others who you believed were in danger of imminent harm. There’s no limitation to who you can protect under state law, but, in domestic violence situations, it’s often a romantic partner or family member.
If a reasonable person wouldn’t find the risk of harm to another to be serious, then this type of defense may not be successful.
The Allegations are False
If you have been accused of domestic violence that you did not perpetrate, this is a solid defense. In some cases, partners or family members can make up allegations of assault in order to cause issues in your life. Your attorney can help you to defend against this. If this describes your circumstances, make sure you tell your attorney everything, including the fact of your innocence.
Lack of Evidence
To be found guilty of domestic violence, the prosecution must first show evidence that you are indeed guilty. Sometimes the best defense to these types of charges is to highlight how little evidence the prosecution possesses.
Remember, legally, the burden is on them to prove their case, and to do that they must demonstrate beyond a reasonable doubt a person is guilty of domestic violence. If their case is inadequate, your attorney can expose that weakness.
Domestic violence is a serious thing, so if you’re charged with it, make sure that you mount the most robust defense possible.
About the Author:
Christopher Keyser is an AV-Preeminent rated criminal and DWI defense attorney based in Minneapolis who is known for fighting aggressively for his clients and utilizing innovative tactics to get the most positive results. He has been featured in numerous media outlets due to the breadth and depth of his knowledge and named a Certified Specialist in Criminal Law by the Minnesota Bar Association. Mr. Keyser is Lead Counsel rated, and he has received recognition for his criminal law work from Avvo, Expertise, Super Lawyers, The National Trial Lawyers, and more.