Once a domestic violence call is made to 911, the police are sent to the location of the incident and upon contact one of the parties, by law, will be arrested. The arrest leads to – at a minimum – a night in jail and the likelihood of criminal charges being filed. So … what can the charged person do to defend themselves? Well … there are several defense strategies that Seattle domestic violence attorneys often use to defend their clients. The most common defense is perhaps self-defense; defending one’s self from being assaulted. This defense requires that the defendant only used as much like force to thwart the danger perceived. If the person exceeds this principle, the self defense claim cannot be used to argue that he is not guilty of domestic violence.
Another domestic violence defense strategy that Seattle domestic violence attorneys use is to challenge the evidence against their client. Often in domestic violence cases there is a lack of ‘hard’ evidence against the defendant. In many situations, alleged victims may, for one reason or another, recant their story or outright refuse to cooperate with the prosecution all together. In turn, the government’s case is weakened and may become too flimsy to even move forward. When a case goes to trial, it is up to a jury to decide if the defendant is guilty of the charged crime. Jury members are told that they should only convict when they believe the defendant is guilty ‘beyond a reasonable doubt’. Reasonable doubt is achievable when evidence is compromised for one reason or another.
Of course, there are numerous other possible defense strategies in domestic violence cases. For instance, the defendant has an alibi, or had authorization and/or consent to do what they did, or the act itself was a de minimis in nature.
Due to the myriad of things to consider in a domestic violence case, it is always best to consult with a Seattle domestic violence attorney when facing a DV related criminal charge. The Seattle domestic violence attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle domestic violence lawyers that are dedicated to providing top notch, aggressive representation for those arrested for crime all across Western Washington and the Greater Puget Sound region. The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the criminal allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances of the given case. So, whether cited for domestic violence related assault, malicious mischief, property destruction or some other crime, protect yourself … call SQ Attorneys immediately at 206.441.0900.