domestic assault charges are taken very seriously and can result in lifetime consequences
- even for misdemeanor charges. Domestic violence charges do not require
physical touching. You may be charged based on a threat, a perceived threat,
or actually touching another person with any part of your body.
Domestic assault charges can be among the most difficult type of charges
to defend against when someone wrongfully accuses you of threatening or
assaulting them. Although the burden of proof is on the State to prove
you committed a crime, the reality is that many defendants find themselves
in a situation where they have to do more than simply disprove the State's
case. Proving your innocence can be difficult, but may be necessary in
How to Prove Your Innocence in a Domestic Assault Case
Proving your innocence is not a formula that used in every case. How you
go about proving your innocence depends on the facts of your case. Here
are some of the more common fact scenarios that occur where innocent people
are charged with domestic assault.
You have the right to defend yourself against the physical abuse by other
people. If you are physically attacked or threatened you are generally
entitled to use a reasonable amount of force necessary to stop that attack.
It is not uncommon for one party involved in an argument or disagreement
to choose to remove themselves from the situation until each party can
collect their thoughts and emotions. If you made the decision to remove
yourself from a heated situation and you unintentionally lost your balance,
or otherwise had physical contact with the other person your actions may
be misinterpreted as a domestic assault. The law typically requires you
to have the intent to violate the law before you can be found guilty.
Proving the contact was accidental proves you did not form the intent
to break the law.
It is far too common for one party in a pending divorce or other disagreement
to falsely claim they were abused by their partner, spouse or cohabitant.
Through strategic investigation and cross-examination we strive to find
the motivations for the false allegations made against you and expose
the false claimant for the lie they told. Domestic assault is a serious
allegation and false allegations hurt true domestic assault victims who
often need the help and support of police and charitable organizations
to break free from an abuser.
If you are being investigated for, or charged with, domestic assault there
are some things you should to do protect yourself. First, do not speak
to anyone but your lawyer about the claims made against you. Even your
doctor can be subpoenaed in certain circumstances. Anything you tell anyone
may be misinterpreted and used against you.
Secondly, do not assume that just because the person who made the allegation
against you is being friendly to you now that the charges will be dismissed.
Once the charges are filed the cooperation of the victim is not necessarily
required, and prosecutor's are reluctant to dismiss the charges.
contact domestic assault attorney Virginia L. Landry as soon as you find out an
allegation has been made - whether you were arrested or not. Do not assume
that you can talk your way out of arrest.