Domestic violence and assault cases can be tricky. Evidence is not always reliable, and witnesses and victims may have motive to be less than honest. Whatever the case, our lawyer can help you fight the charges.
Many domestic violence cases stem from disputes in the home. We can use evidence like home security camera footage, text messages to and from the victim, and eyewitnesses to undermine the charges. In the meantime, we may need to navigate protection from abuse (PFA) orders and how they affect your life before your trial even begins.
Contact our domestic violence and assault defense lawyers at Kenny, Burns & McGill by calling (215) 774-5644 and request a free, private legal review.
What Kind of Evidence Can Help You Fight Domestic Violence or Assault Charges?
We may use almost any evidence available to us to fight your charges. While evidence is unique in each case, below are common examples we should think about while preparing your defense.
Messages and Communications
In domestic violence situations, the alleged victim and defendants are often very close to each other. You might have exchanged phone calls, text messages, emails, and social media messages with the victim. These communications may be telling of your relationship with them, and they may undermine any allegations of violence or assault.
Home Security Cameras
Accusations of domestic violence usually stem from the home. If you have private security cameras in or around your home, they might have recorded any violence, or lack thereof. Such videos may be powerful evidence and should be obtained quickly before they are erased.
Witnesses
Was anyone else at home when you were arrested? Maybe people who live with you and the victim or who visit frequently (e.g., friends, family, neighbors) can testify that they did not see any violence from you. If anyone can provide eyewitness testimony about the day of the alleged domestic violence, their testimony may be crucial to your defense.
Can You Be Charged with Domestic Violence if You Never Touched the Victim?
Yes, but the charges may be difficult to prove if there is little to no evidence of actual physical violence.
Fights, even loud screaming matches, are not criminal offenses. Perhaps some concerned neighbors overheard a loud fight between spouses and called the police. The police can arrest you if they have probable cause of domestic violence, but that does not mean you are automatically guilty or that evidence of actual violence even exists.
What Should You Tell the Police if You Are Arrested for Assault or Domestic Violence?
If you are arrested for assault or domestic violence, you may be tempted to try to explain the situation to the police. This is not a good idea. Anything you say to the police can be used against you, and they will seize on any information you provide that seems incriminating.
You should remain silent and call a lawyer.
How Can We Prove a Witness or Victim is Being Dishonest?
Dishonest witnesses are unfortunately common in domestic violence situations. However, our domestic violence and assault defense attorneys can work to catch these people in their lies.
We may focus on highlighting inconsistencies in their stories. When they repeat their statements to the police, prosecutors, and in court, they should remain consistent. If not, they may be lying.
We can also compare different witnesses’ stories. Do they line up? If two people describe the same events, their stories should be largely the same. Are they changing their stories? If so, they may be lying.
Are There Penalties for Making False Reports About Domestic Violence or Assault?
If we have proof that the alleged victim, a witness, or both are lying to the authorities and the court, they may face serious penalties. Making false reports may lead to criminal charges. Lying on the witness stand in court is considered perjury and may also lead to criminal charges.
Can You Be Charged with Assault or Domestic Violence if the Victim Recants?
Yes. If prosecutors believe they have enough evidence to warrant criminal charges without the victim’s testimony, they may move forward with the case. However, if the person who recanted is cooperative, they may be willing to testify that you did not assault them.
How Can You Argue Self-Defense in a Domestic Violence or Assault Case?
To argue self-defense, we must offer proof that you committed the crime, but only because you were defending yourself. We must prove that the harm you sought to avoid was greater than the harm you actually caused.
We may need evidence that the victim was the initial aggressor and that your belief that harm was imminent was reasonable. Self-defense is an affirmative defense that may negate criminal liability, and you would not be convicted.
Can You Be Charged with Domestic Violence if You Were Being Abused?
Yes, but we can argue that your history of being abused by the victim colored your perception of the incident.
Maybe your history of being abused made you extra sensitive to the victim’s behavior and mood, and you reasonably believed that you needed to use force to protect yourself in that moment. This argument comes up frequently in cases where a battered partner or spouse fights back against domestic abuse.
Can You Be Charged with Assault if You Were Involved in a Fight?
You can still be charged with assault even if the offense happened while you were engaged in a mutual fight, but the charges are graded differently. Assault as part of a mutual fight or scuffle may be charged as a third-degree misdemeanor.
Does Domestic Violence Always Involve Assault?
No. Domestic violence may apply to a wider range of violent crimes perpetrated against a romantic partner or family members. While assault is common, it does not have to be present for you to be charged with a crime of domestic violence.
Call Our Domestic Violence and Assault Defense Attorneys for Help Fighting Your Charges
Contact our domestic violence and assault defense lawyers at Kenny, Burns & McGill by calling (215) 774-5644 and request a free, private legal review.
