Unlawfully perpetrating physical violence on another person goes from simple
domestic violence when that person is related by blood or marriage, or currently/formerly
cohabitated with the accused. Dating relationships where one person becomes
physically abusive with the other also fall under domestic violence.
Being charged with battery or domestic violence brings misdemeanor charges
that carry a mandatory two-day jail sentence, and as much as six months
in jail. Convictions under these charges can also include mandatory community
service plus domestic violence counseling.
While incidents that carry the charge of battery or domestic violence are
classified as being different, they all have the common denominator of
stemming from encounters where emotions run high. Getting to the truth
in any matter of domestic violence requires the assistance of a skilled
attorney that can separate the facts from emotion. While the facts of
every case are different, there are a number of positions that can emerge
from these facts that enable a skilled criminal defense attorney to gain
an acquittal or reduction in charges for their clients.
In some cases, self-defense can be put forward as a legal defense where
the defendant believed it was necessary to avoid imminent injury or death
to themselves or another person. In some cases where domestic violence
is being charged, facts of the case point to the injuries being the result
of an accident. In other cases of domestic violence, false allegations
that stem from vengeance against the accused can be at the heart of the charges.
In any case of battery or domestic violence, the criminal defense attorney
must have a skilled investigative team that can get to the facts that
may lead to an acquittal, dismissal, or reduction of charges for the accused.
Separating facts (or the lack of them) from the emotion of domestic violence
cases requires the hand of a criminal defense attorney that has successfully
navigated a great number of such cases. Only then can the accused have
the best chance of the most positive outcome.