If you have been charged with or accused of domestic violence, your first move should be to find the right defense attorney to help you. Your attorney will begin by understanding the underlying facts of your case and then determining the best defense options. Keep reading to learn some of the defenses that are most often used and then contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation.

The Injury Was an Accident

It is entirely possible that you injured someone who qualifies under domestic violence charges, but it was an accident. For example, if you were angry and stormed out of a room, accidentally bumping into your spouse who moved into your way at the last second, this is not a criminal act. If this is the case, then we will work to show the judge that there was no intent and, therefore, no crime.

The Injuries Were Caused by Something or Someone Else

If the injured party suffered injuries from someone else or something else, then you should not be held accountable for them. We can show that they were caused by something that happened before or after your altercation with them. We do not need to prove that this is the case – we simply need to show that there is reasonable doubt as to whether or not you were the one that caused the injury.

You Were Defending Yourself or Were Defending Someone Else

If someone attacks you or makes credible threats against you or someone else, you have the right to defend yourself or someone else. All too often, an accusation of domestic violence is really a case of the alleged victim acting first and the defendant acting in their own defense or in defense of someone else.

You Have Been Falsely Accused

It is entirely possible that you were not involved in an altercation at all. In this case, the alleged victim might be making up the charges in order to get the upper hand in a custody battle or for many other reasons. We will work to show that you had no involvement in the alleged altercation. Remember that we only have to show that there is reasonable doubt in order to win your case.

We Might Be Able to Reduce Your Charges

If you have a lot of evidence against you, then you might not be able to find a defense that will get the charges dropped or a not guilty decision. In that case, your attorney might be able to negotiate a plea deal for you. This could involve having the charges reduced to a lesser charge as disturbing the peace or criminal trespass.

If you want to find the best possible way to handle your charges, we welcome you to contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation.