Domestic violence is an umbrella term for many crimes and offenses committed by one partner against another. For example, a partner or spouse can be charged with simple assault or aggravated assault in a domestic violence case.
If you have been charged with a domestic violence crime, there are a few different avenues your criminal defense attorney in Jersey City may choose to pursue in order to get charges dismissed in court. While the police take proactive measures to protect victims and arrest an individual if the victim shows signs of injury, the burden of proof remains with the victim and the prosecution. The prosecution must show beyond a reasonable doubt that the domestic violence crime happened.
One possible defense strategy is showing the court that the domestic violence incident did not happen and that the victim’s injuries resulted from an accident. For example, suppose a couple was fighting and there was alcohol involved, and one of the partners suffered a fall resulting in bruises and cuts. In that case, a defense attorney will make a point in demonstrating that the defendant did not cause the victim’s injuries.
Another potential defense is when the accused party acted in self-defense. Suppose a partner or spouse had enough reason to believe there was an imminent threat of injury or death stemming from the other person’s behavior and responded with violence to protect themselves or a child. In that case, an attorney will try to persuade the court to drop charges. This is more common in cases where the partner that suffered the injuries had a history of domestic violence and assault.
Finally, a third option demonstrates to a jury that the victim has falsely accused the defendant of domestic violence. This can happen in child custody disputes in which one partner wants to get the upper hand by falsely accusing the other. An attorney can also show evidence that this has happened before and that the victim tends to make false accusations to obtain some type of advantage in a dispute. Making false accusations is an offense, and in child custody cases, it can have the opposite result for the alleged victim, weighing negatively on their history.
At the Law Offices of Keith Hirschorn, P.C., we have worked with many domestic violence cases on both the victim and the defendant’s sides. We can help you make the right choices and understand the steps needed to fight domestic violence charges and protect your rights. We will analyze and question every piece of evidence produced against you and will build a strong defense strategy to try and get charges dismissed or downgraded. Every case is different, and results vary, but it is essential to speak to a Domestic Violence Attorney as soon as possible. Contact us at 201-798-4024 for a case review.