The situation complexities, unreliable testimony, and questionable evidence that characterize most domestic violence cases create a legal situation in which you need the help of a certain kind of attorney. Simply finding a lawyer who is thoroughly familiar with the legal codes applicable to your charges is not enough; you need the help of someone who is also willing to listen carefully to your story and fight hard to get you the justice you deserve. Settling for a plea bargain is a mistake when a more dedicated defense lawyer could have your charges reduced or kept out of the courtroom altogether.
Weak Points In a Prosecutor’s Case
While a prosecutor tries his best to pull in as much testimony, photographic and audio evidence, and expert opinion as possible to prove his client’s version of the story, in any battery domestic violence case there will always be certain points that create problems for the prosecution.
- Lying and exaggeration by angry spouses, exes, or family members
Whatever the actual incident was that led to the battery charges, experience has shown that a supposed victim is often tempted to exaggerate the seriousness of the event or to lie outright about what happened. Injuries suffered from an unrelated cause can even be claimed to have resulted from an assault. It takes a trained eye on the part of a defense lawyer to spot this sort of fabricated evidence and keep you from being held responsible for it.
- Intention to cause harm
Telling the difference between an accident that occurs during a tense situation and an attack that is deliberately meant to cause physical harm is very difficult to do. The burden of proof is on the prosecution, so the ability of your attorney to cast sufficient doubt on the claim that you intended to cause harm well may be the key to a successful defense. Self defense is also a powerful argument; if it can be shown that your actions were in response to a threat of violence, you cannot be convicted.
Even if a trial and a conviction of some sort can not be avoided, a skillful defense lawyer is usually able to get your charges reduced, resulting in a far lower and more manageable penalty than you would have faced if you had been bullied into pleading guilty to the original charges. For example, many battery domestic violence charges are reduced to the level of a misdemeanor disturbance of the peace, and after two years you can petition the court to have that conviction sealed, in effect clearing your criminal record.
