If you have been arrested for domestic violence, the first thing you need to do is inform the arresting officer that you wish to remain silent, and you want to consult with an attorney. The more you talk to a police officer, the more difficult it will be for an attorney to mount a strong defense for you. With that in mind, there are many possible ways a criminal defense attorney can fight the charges against you. The following are a few of them.
The injuries of the victim are old
Sometimes a person will be arrested for domestic violence, but the victim has injuries that were sustained long before your arrest. Police officers do not have the medical training to determine with high accuracy the time frame the injuries took place. On top of this, they will usually err on the side of caution, so if they have some doubt about when the injuries occurred, they will often go ahead with the arrest. An attorney with domestic violence experience may be able to argue that the injuries happened earlier.
The victim was intoxicated
Sometimes a person will become violent after drinking too much or using any number of drugs. A person arrested for domestic violence often is only defending themselves from an aggressive person who is not in their right mind. An attorney can often argue self-defense in these situations, regardless of the size or gender of the aggressor. The key element will be a necessary force. You have every right to defend yourself, but only with the force that is necessary to defend yourself.
The evidence supports your story
Often the police do not spend enough time at the scene of the crime. They are not detectives. In many situations, they make a hasty decision to make an arrest without paying attention to the evidence. A 911 phone call may not be consistent with the victim's statement and may indicate the victim is lying. There may be one or more witnesses that support what you told the police but were never interviewed. But there are also situations where there is a lack of evidence to support the victim's story.
You will likely tell the police your side of the story after an incident of domestic violence, but once you are placed under arrest, you need to remain silent and speak to an attorney. There are many possible defenses against these charges. Examples include the injuries were old, the victim was intoxicated, and the evidence supports your version of the events. However, there are other possible defenses as well. You can discuss the specifics of your case with a criminal defense lawyer.
If you have further questions, get in contact with a local criminal defense lawyer.