A charge of domestic battery is not a conviction. While the arrest can be extremely emotional and traumatic, defendants should not give up hope. There are reasonable explanations that can either shift a domestic battery claim or create enough reasonable doubt to avoid conviction.
A few viable domestic battery defenses include:
Domestic violence is a two-way street in some relationships. If someone with a history of domestic abuse believes their life is in danger, they may be justified in responding with force. However, this requires that the defense demonstrate a reasonable threat from the other partner.
False allegations happen. Just recently, actress Amber Heard admitted to falsifying claims about her then-husband, Johnny Depp. Anger is a powerful emotion and can cause people to wield accusations that only exist to hurt their partner or even send them to jail.
Securing a conviction requires that the prosecution demonstrate the act “beyond a reasonable doubt.” This means that once they’ve reviewed all of the evidence, the judge or jury can find no alternative to the crime. They accept that that it was committed as the prosecution alleged.
An experienced domestic battery lawyer uses the evidence to craft a story. They win by sowing reasonable doubt that demonstrates the previous defenses or others through a close examination of the evidence combined with witness testimony.
An experienced criminal defense attorney is a crucial part of any trial. Oftentimes, hiring a private criminal defense attorney can be the difference between freedom and conviction.
If you were charged with domestic battery, you should seek legal representation. If you’d like an experienced domestic battery lawyer from Law Offices of Kenneth A. Stover to evaluate your record, please send us an email or call (775) 502-1575.