Why you need the right domestic violence defense strategy

On Behalf of | Jul 12, 2019 | Firm News |

If you’re charged with domestic violence, it will change your life on the spot. Not only are you facing serious penalties, but a conviction can impact your personal life, career and finances.

Rather than hope for the best in court, it’s critical to implement a comprehensive domestic violence defense strategy. This gives you the best opportunity to avoid a conviction, or at the very least minimize your punishment.

Here are some of the most commonly employed domestic violence defense strategies:

  • Wrong suspect: This entails proof that another person committed the crime. The key to success with this defense strategy is showing the court that you were not near the scene of the crime when it occurred. If you have a reliable alibi, it will definitely help your cause.
  • False allegations: As horrible as it sounds, some people make false allegations of domestic violence against a partner to “get back at them.” For example, this is common when a couple is battling over custody of their children. To successfully use this strategy, your defense team will search for inconsistencies in the accuser’s story and evidence backing up your claim of false allegations.
  • Self-defense: In many situations, defendants claim that they had to get physical with the other individual to protect themselves, their children or their property. This defense strategy is best if you can prove that the other individual was a threat.
  • Lack of proof: Often combined with other defense strategies, this is exactly what it sounds like. The accuser must have proof that you committed the crime.

Penalties for a domestic violence conviction

Penalties vary based on the details of the crime. For example, you could be charged with a Class C misdemeanor, which carries the penalty of a fine and up to one year in jail.

However, a felony charge is also possible, which carries a larger fine, up to $10,000, and anywhere from five to 99 years in prison.

Factors that influence the type of charge and penalty include:

  • The relationship of the individuals
  • Any past convictions for domestic violence
  • If strangulation or suffocation was involved

If you’re charged with domestic violence, don’t wait to collect evidence, learn more about your legal rights in Texas and settle on a defense strategy.

Visit our website for more information on how to protect yourself from an accusation of domestic violence.