If you are charged with domestic violence or assault, you might feel as though the world is against you. However, you have a right to defend yourself against any criminal charges in a court of law, and our legal team is here to help.
If you are arrested for assault or domestic violence, avoid answering questions from the police and demand to call a lawyer as soon as possible. The police may not prevent you from speaking to your lawyer. We can highlight flaws in the evidence against you, raise a justification defense, or show that witnesses may not be telling the truth. Your best defense depends on your unique circumstances.
Get a free, private case review by calling our domestic violence and assault defense lawyers at Kenny, Burns & McGill at (215) 774-5644.
What Should You Do if You Are Arrested for Domestic Violence or Assault?
If you are arrested on domestic violence charges, stay calm and focus on protecting yourself and your rights.
Cooperate with the Authorities
An alleged domestic violence situation may already be emotionally charged, but you must remain calm once the police are involved. Even if you know you did nothing wrong, avoid resisting the police and try to cooperate as they take you into custody. Do not say anything about the victim or alleged offense during this time.
Remain Silent
Do not answer any questions from law enforcement about the alleged domestic violence incident or assault. They might ask you questions at the scene of the alleged offense, but you are not required to answer, and you should remain silent.
You might also feel compelled to explain the situation to the police to avoid being arrested. This is not a good idea. Once the police decide to take you into custody, there is little you can do to change their minds, and anything you say can be used against you.
Call an Attorney
You have the right to an attorney if you are questioned by the police while in custody. Not only should you invoke your right to remain silent and refuse to answer questions, but you should demand an attorney as soon as possible. Do not talk about the alleged domestic violence at all until you have spoken to your lawyer first.
Evidence You Can Use to Fight Domestic Violence or Assault Charges
While you do not have a burden of proof, we should present evidence that contradicts the prosecutor’s claims. Below are some examples of evidence we should consider as we prepare your defense.
Security Camera Footage
Domestic violence incidents usually happen in the home. If your home is equipped with private security cameras, the footage may reveal the truth of what happened. Even if we only have audio recordings of the incident, they may help us prove the truth.
Witnesses
Was anyone else present during the alleged domestic violence incident or assault? Others may be able to back up your version of events and provide testimony in your defense.
Medical Records
Domestic violence usually involves physical injuries. If the victim claims they were injured, our domestic violence and assault defense lawyers can request copies of medical records from when they were treated. If these records indicate the injuries did not occur or do not align with the victim’s claims, we may be able to fight the charges.
Communications
If you have a relationship with the victim, you might have exchanged texts, emails, social media messages, and other communications. If we can get copies of those communications, we may be able to shed light on the true nature of the relationship and what really happened on the date of the incident.
Do the Police Need a Warrant to Arrest You for Domestic Violence?
In Pennsylvania, the police may execute a warrantless arrest for domestic violence if they believe there is sufficient probable cause. Once they arrive at the scene, the police will take control and look for signs of violence. Remember, the authorities need more than mere probable cause to secure a conviction.
What Happens if You Are Subject to a Protection From Abuse Order?
A person claiming to be a victim of domestic violence may go to the courts and seek a temporary protection from abuse order (PFA). A temporary order lasts for 10 days. After that, a hearing may be held where you can attend, and the court will decide whether to impose a final PFA, which can last up to 3 years.
A PFA prevents you from having any contact with the victim. In some cases, defendants may also have limited or no contact with children they share with the victim.
A PFA does not mean you are guilty. The court’s decision to impose a PFA does not affect the verdict.
Can You Be Charged with Domestic Violence or Assault if You Acted in Self-Defense?
You may be charged, but we can argue your actions were justified because you acted only to protect yourself from harm.
While we do not have the burden of proof when arguing self-defense, we must present evidence to support your claims. Once we do, it is up to the prosecutor to prove beyond a reasonable doubt that you did not act in self-defense.
What if a Victim or Witness is Lying About an Assault or Domestic Violence?
People sometimes lie about domestic violence or assault because they want to get someone in trouble. If this sounds like your situation, we may be able to catch the dishonest witnesses in their lies.
We can compare their testimony to previous statements. If they do not align, or their statements keep changing, we can argue they are untrustworthy, and that jurors should disregard their testimony.
What if Prosecutors Lack Sufficient Evidence to Prove Domestic Violence or Assault?
If we believe prosecutors clearly lack enough evidence to meet their burden of proof, we can file a motion to dismiss the case for lack of evidence. While the jury ultimately decides whether the prosecutor meets their burden, dismissal may be possible if the evidence is so lacking that it would be practically impossible for prosecutors to succeed.
Contact Our Domestic Violence and Assault Defense Lawyers for Legal Help Today
Get a free, private case review by calling our domestic violence and assault defense lawyers at Kenny, Burns & McGill at (215) 774-5644.
