There are a few different defenses available to a domestic violence accused. These include the False accusation defense and Raising Reasonable Doubt defense. If you have been charged with domestic violence, it’s important to hire a knowledgeable attorney from the beginning. The attorney will begin by examining the evidence against your client and what statements have been made by the victim. They will also investigate where your client was at the time of the incident.
Assault charges are easy to make, particularly if there is no physical injury involved. In fact, many actions can be considered offensive, and a conviction for assault is potentially life-changing. Anderson Hunter, an experienced trial attorney, can help you fight these charges. He will work hard to make sure that you are given the best chance at a favorable outcome.
There are many different defense strategies for this type of charge. The most important one involves understanding the emotional and psychological struggle of the accuser. This Bitzer Criminal Law understanding will strengthen your trial strategy. Unlike a general assault case, a domestic violence case requires a different approach, depending on the circumstances.
Assault 4 domestic violence
Assault in New York State is often categorized under the heading “domestic violence.” Assault, as the name implies, involves assault in the second degree committed against a person in a relationship. Depending on the circumstances, the victim can be a man or a woman, and the act can involve any number of people. It may even be as simple as a bar fight between two friends.
The most important thing for someone accused of assault to do is get legal representation as soon as possible. Assault 4 charges are very serious and can have long-term effects. You will likely need the services of an experienced defense attorney right away.
False accusation defense
False accusations can be devastating and scary. If you are wrongfully accused of a crime, you could face a court of public opinion that could find you guilty. Therefore, it is important to get legal representation as soon as possible. Nathaniel Pitoniak, a defense attorney, can help you with your case.
If you have been accused of committing a domestic violence offense, it is imperative to speak with a qualified domestic violence attorney as soon as possible. An attorney specializing in this area will listen to your side of the story and pursue a motion for suppression or dismissal aggressively. She is a former prosecutor and understands how the system works.
Raising reasonable doubt
In a domestic violence assault case, raising reasonable doubt can be an important part of the legal defense. In most cases, the accusations are based on one person’s word against another. Moreover, in criminal cases, defendants are presumed innocent unless and until proven guilty. An attorney can question the credibility of the prosecutor’s witnesses and the physical evidence against the defendant.
For example, imagine that a couple is in a heated argument and one person spins around to point at the other person. In the process, he accidentally strikes his partner in the face. The partner accuses him of domestic abuse. In such a case, a person can argue that he accidentally struck his partner and that it was an accident. However, prosecutors often emphasize “intent” as a key piece of evidence in these cases. In such a scenario, an innocent person should be able to prove that he or she did not intentionally hit the person, and proving that the physical contact was a mistake makes the case more compelling.
Refusing to violate a restraining order
If you have received a restraining order for domestic abuse and assault, you have a right to contact the police if you feel like the abuser is violating the order. However, you must be aware that the abuser can also violate the restraining order by refusing to contact you or your children. Depending on the circumstances, the abuser may be arrested for violating the order.
In New Jersey, it is against the law to violate a restraining order. The defendant is liable for any violation of the order and could be sentenced to up to 18 months in jail. The defendant must also be responsible for paying child support and spousal support to the victim. In addition, violating the order may lead to an injunction against further contact with the victim.