Vigorous Domestic Violence Defense for Accused Offenders
Domestic violence is a serious charge that has the potential to deeply and permanently affect your life and your relationships. Not only can a domestic violence conviction be expensive, it can also be costly in terms of what will happen to you and your loved ones following the court’s imposed punishments.
One of the most important things you can do after being accused of or charged with domestic violence in Virginia is to contact an experienced attorney to learn about your rights and legal options. While there are number of creative defense strategies that our firm has proven successful in domestic violence cases, many other lawyers still prefer to negotiate with prosecutors in an attempt to get a plea bargain that allows them to avoid the hard work of actually preparing a case for a possible trial. Unfortunately, Virginia prosecutors can be harsh, even when their case is weak and many times a plea bargain is not in the best interest of the client.
When a domestic violence charge threatens to unravel your life, it is imperative that you obtain the services of an aggressive, experienced lawyer who is prepared to take your case to trial in order to win.
Defenses Against Domestic Violence Charges
Accusations of domestic violence are common in many situations, such as when a divorce is on the horizon or when a break up becomes particularly difficult. Often, the accuser has something to gain from levying allegations of abuse, including winning custody of the couple’s children or simply getting revenge against someone they believe wronged them in some other way, at some other time. A fair percentage of domestic violence accusations are false. However, the Commonwealth of Virginia continues to pursue these charges, even when the accuser recants their statement. Many times this is because the county’s Domestic Violence team is funded by Federal grant money which, in turn, requires certain conviction rates in order to keep that money flowing to the County. Often, this is why even weak cases get prosecuted. What’s worse is that weak and ineffective lawyers often collapse under pressure and convince their clients to accept plea bargains. This results in permanent criminal records for the client and the stigma of a domestic violence charge following them for the rest of their lives. You deserve better.
Potential defenses against domestic violence charges that have proven successful time and again include but are not limited to:
Self-defense. Sometimes, the accuser will initiate the fight and either charge at the defendant or even take the first swing and although the defendant was merely protecting themselves, they will be slapped with domestic violence charges. Offering up substantial evidence, including threats made prior to the incident, witness testimony including the reputation of the “victim” for violence or even video footage where applicable, can help illustrate to the court that the violence only occurred in self-defense.
Insufficient Evidence. One of the most successful defenses to a domestic violence charge is simply disputing and challenging the proof that the prosecution has against the alleged perpetrator. Since many of these situations happen behind closed doors, the prosecution will often be unable to meet Virginia’s requirement for the burden of proof, “Beyond a Reasonable Doubt,” in a domestic violence case. Neither a judge nor a jury should convict a defendant if there is too little evidence or if there is reasonable doubt that the crime actually occurred and/or the perpetrator is the one who committed the crime. Often these are referred to as “credibility contests.”
False Allegations. If your case is one where the alleged victim has deliberately accused you of domestic violence when it did not occur, it is important to seek out a defense of false allegations. Successfully arguing that the alleged victim had a motive to make a false statement (such as obtaining the upper hand in a divorce or a child custody dispute) and was attempting to gain something by doing so can do two things – dismiss the charges against you and clear your name.
Contact the NoVa Law Firm Today
If you have been accused of committing domestic violence, don’t wait to take action. It is imperative that you take the first step to learn about your rights and legal options now. At the NoVa Law Firm, we believe in helping a client to fully understand the situation at hand, and we will give you the information needed to make critical decisions regarding your case.
Contact us today for a free consultation today to speak with an experienced domestic violence defense lawyer who will take your case seriously and give you the tools needed to face the charges against you with confidence. Call now at (703) E-LAW-FIRM.