Defenses to a Domestic Violence Charge

domestic violence charge, domestic violence conviction, Naperville criminal defense lawyer, Class A misdemeanor, criminal defense strategyDomestic violence is a crime. Like other crimes, it is possible to avoid conviction by fighting a domestic violence charge in court. The most effective way to do this is to work with an experienced criminal defense lawyer who can examine all aspects of your case to determine the most effective defense strategy based on your specific circumstances.

Be proactive and start working on your defense strategy as soon as you can after being arrested for alleged domestic violence—domestic violence is a Class A misdemeanor for which the penalties are a mandatory counseling course, up to one year in jail, and a fine of up to $2,500.

Below are a few possible defense strategies to use against your domestic violence charge. Talk to your lawyer to determine which is most appropriate for your case.

You Acted in Self Defense

Self defense is a possible defense strategy to a domestic violence charge. Similarly, a claim that you acted in defense of a child or an individual who could not defend themselves, such as an elderly or mentally incapacitated adult, can be a valid defense strategy.

A Lack of Evidence to Support the Charge

When an individual claims that another party abused him or her physically, he or she has the burden of proof. This means that the alleged victim must provide evidence to the court that proves beyond a reasonable doubt that the other party intentionally caused him or her to suffer bodily harm. 

If your accuser cannot provide this evidence, then the court might not be able to convict you of domestic violence. The evidence must not only prove that violence occurred, but that you were the party who committed the violent acts. Evidence that cannot prove you were the aggressor despite proving that the victim did suffer from physical harm can be worked into your legal defense strategy.

In some cases, a lack of evidence can be used to show that the plaintiff has made false accusations. Your defense strategy could involve exploiting the inconsistencies in your accuser’s evidence.

The Other Party Consented to the Violence 

With this defense strategy, the defendant does not deny that he or she acted in a violent manner toward the victim. In his or her affirmation of the violent act, the defendant makes use of evidence to demonstrate that the alleged victim consented to the violent act, which could have been as a sexual fetish, part of a sport, or part of martial arts training.

Work with an Experienced Naperville Criminal Defense Lawyer

A domestic violence conviction can change your life. Not only could it land you in jail or saddle you with a large fine, it can impact your future relationship with your children. Clear your name by working with an experienced Naperville criminal defense lawyer to defend your case against the charge. To get started, contact Donahue & Sowa today to set up your initial legal consultation in either of our Illinois offices.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-4.5-55