Domestic violence is still a sad reality. While filing a case against an abuser can protect people around them, a false accusation can flip their whole lives. Depending on the degree of the crime committed by an abuser, the severity of the charges against them also increases, leading to fines, imprisonment, probation, etc.
Once a person is accused of domestic violence, the prosecution will apply aggressive tactics to get the accused convicted. This is why it is crucial to hire a criminal defense lawyer who specializes in domestic violence accusations. An experienced lawyer can deal with the prosecution tactics in domestic violence cases.
This blog explores the various ways a domestic violence attorney fights against common prosecution tactics.
1. Challenging Weak or Unreliable Evidence
To establish a person’s liability in any type of case, the prosecution must present evidence supporting their claim. The types of evidence the prosecution often uses are:
- Police reports
- Medical records
- Witness statements
Though these forms of evidence hold a significant value, they can also have flaws. An experienced attorney will be able to take note of the gaps in such types of evidence, such as an inconsistency in the witness statement or even the lack of physical evidence.
2. Addressing False Allegations
An attorney can help to prove that the case is a false accusation. Accusers often try to weaponize their rights and file false or exaggerated claims of domestic violence in order to attain their hidden motives. These motives can range from wanting custody to wanting revenge.
An attorney will be able to analyze the motive behind the accuser’s claims and procure evidence in the form of emails, texts, and social media posts to prove the accused’s innocence.
3. Questioning Law Enforcement Procedures
Having an attorney can also be beneficial to ensure that even if the person is arrested due to the accuser’s claims, the accused’s rights are never violated. They can view the bodycam footage of law enforcement, surveillance footage, and other reports to find any discrepancies in the prosecution’s statements. They can also ensure that law enforcement did not make any errors during the arrest, such as problems with evidence collection, Miranda rights violations, or an error in the arrest procedure.
If law enforcement makes an error, lawyers can use that error to file motions to either suppress the evidence or get the charges dismissed.
4. Challenging the Use of Past Allegations
Prosecutors could bring up prior incidents or allegations to show that the accused has a pattern of abuse. Such allegations can severely impact the accused, as second offenses often have grave consequences. However, a prior conviction does not prove the accused is guilty of the current accusations.
With a lawyer, they can help to prove if said prior allegations are false, exaggerated, or irrelevant. They can formulate a strategy to ensure that the prosecution’s tactics to make the judge or the jury prejudiced against the accused do not work out.
5. Presenting Alternative Explanations & Self-Defense
Seeing the accuser with wounds or other signs of abuse could hinder the judgment of anyone, but these signs need not be the result of abuse. Such injuries can also be a result of an accidental injury, self-defense, or self-inflicted. An attorney can help prove the accused’s innocence by collaborating with professionals like medical experts, private investigators, etc.
They can also argue that the injuries on the accuser are a result of the accused defending themselves due to the fear of harm from the accuser.
Conclusion
Domestic violence is a serious crime that takes several lives every year. Unfortunately, people often misuse the laws established to protect victims and falsely accuse a person of domestic violence. The charges that one may face after being convicted of domestic violence can be severe, so if the charges are false or even exaggerated, the accused’s life will be turned upside down.
Suppose a person is falsely accused of domestic violence, they need to hire an experienced domestic violence attorney to help them prove their innocence. A lawyer can fight against the tactics used by the prosecution and protect the accused’s rights.
Leave a Reply