Domestic violence is a serious problem and one that can have lasting impacts on victims. If you have been accused of domestic violence, your first step should be to seek legal counsel from an Oklahoma City criminal defense lawyer to ensure you understand the charges against you and what defenses can be raised in your case.
Here are the most common defenses you can raise to fight a domestic violence charge:
You may argue that the alleged victim was in fact the aggressor and you acted in self-defense. This defense is only appropriate if you did not initiate physical contact, were in fear of real bodily injury, and your response was reasonable given your perceived risk at that moment.
- False accusation
You may argue that you were wrongfully accused and that the alleged victim is lying about what occurred. This defense requires evidence to prove that there was no physical altercation, such as eyewitness accounts or surveillance footage of the incident.
- Lack of proof
You may argue that there is not enough evidence to support the accusation. This defense works best when all of the evidence is circumstantial or incomplete and does not prove with certainty that you committed an act of domestic violence.
You may argue that you were legally insane at the time of the incident and as a result, could not distinguish right from wrong. This defense requires an evaluation by a licensed mental health professional to determine if you were legally insane at the time of the incident.
You may argue that you were not present at the time of the incident. To support this defense, you must provide evidence that places you away from the scene during the time of the alleged crime, such as video footage or a witness statement.
It is important to note that each case is different and any one of these defenses might not apply in your particular situation. Each of these defenses can be used in varying degrees depending on the circumstances and evidence available. You must understand the charges against you and seek legal from a criminal defense attorney to help you understand the charges against you and work with you to determine the best course of action.