Winning A Domestic Violence Case
It takes skilled representation to win a domestic violence case. Let’s look at some of the options available:
Filing Legal Motions To Dismiss Case
This is a formal request to the judge. Motions can be used to suppress evidence that has been obtained illegally as well limiting the liability the client may have. It can even lead to the dismissal of the case.
Persuasive Character Packets
A character packet presents information about the client to the prosecutor and/or the judge. It emphasizes the good character of the person, the circumstances surrounding the accusation as well as a lack of a serious wrongdoing in the past. Its purpose is to show the client is not necessarily a criminal and does not deserve to be given a criminal record that will be permanent or be sent to jail.
Challenging Evidence With Facts
We will review the facts as they have bene presented as well as the documents related to subpoenas and work on discovering evidence the prosecutor is unable or not willing to discover.
Note we cannot guarantee a successful outcome, but our track record speaks for itself. A domestic violence case can be won by obtaining dismissal for the case, obtaining the dismissal prior to charges being formally filed, by persuading the prosecutor not to file charges prior to the initial court date, obtaining and winning a legal motion to dispose of the case, arranging a plea deal that is favorable and obtaining a verdict that is favorable from a jury or judge.
Let’s review some of the most frequently used defenses:
A person must have acted in a willful manner to be found guilty of a crime. An accidental act may not support a conviction. It is not the outcome but the act that is willful. If a person did not mean to injure another person as badly as they might have is no defense.
Generally, you will not be found guilty if it can be proven you were not there when the alleged offense took place, hence the importance of an alibi. That said elder abuse is an exception as a person may be found guilty of permitting (or allowing) an injury to occur.
There are some circumstances where consensual behavior may be construed as domestic violence. For example: a couple may take martial art classes together and then practice together, injuries may result.
In every case the defendant must be proven guilty beyond a reasonable doubt. If the charge is not supported by sufficient evidence, a case dismissal or acquittal may result.
Self Defense or Defense Of Others
Certain states protect the rights of an individual to use a reasonable amount of force to prevent a crime or other illegal act taking place. In some circumstances this can even mean lethal force in certain, very limited situations.
An Experienced Domestic Violence Attorney Can Help
The impact of a conviction for a domestic violence crime can drastically alter every aspect o your life, forever. We can help by filing pre-trial motions that may dismiss the case or put a limitation on the evidence that can be used. We will collect evidence and investigate the facts of the case for you. We can negotiate for a reduction of the charges you face or even a dismissal of charges. We can ensure you have a strong defense presentation in court and challenge protective orders.
Source: S, Heidi. “A Top LA Domestic Violence Attorney Explains How to Win.” Spolin Law P.C., www.spolinlaw.com/criminal-defense-old/violent-crimes/domestic-violence/.
Contact Our Domestic Violence Attorneys In Scottsdale, AZ
Our domestic violence attorneys in Scottsdale can also help with restraining orders and orders of protection. We will ensure thorough preparation of your restraining order or order of protection, or defense from DV allegations levelled against you, and help you resolve legal issues that inevitably arise.