Call Today For A Free Case Evaluation

(815) 726-7375

DEFENSES TO DOMESTIC VIOLENCE CHARGES

Posted on by fimbiantilaw

As one of the more sensitive topics that few like to discuss, domestic violence is a serious issue that comes with significant negative consequences when someone commits it.  Even allegations of domestic battery are taken seriously; it is important to have an impeccable defense if you or someone you know has been charged with domestic battery.  Contact a local attorney for help with your case.

A strong defense is critical to any case, however, with domestic battery charges, it is even more important as these issues are often prosecuted passionately.  There are several defenses that you could assert against a charge of domestic battery.  A skilled attorney can help you determine which defense best suits the facts of your case.

DISCUSSING THE DEFENSES TO DOMESTIC BATTERY CHARGES

If you feel that you have been wrongfully charged of domestic battery charges, there are five defenses to these charges.

  1. You did not perform the battery.  If the victim was harmed, but is wrongfully accusing you of the battery, the victim has the wrong suspect.  Defendants who claim that someone else was responsible will need to show evidence that they could not be the person who battered the victim.
  2. The victim’s allegation are not true.  Domestic violence charges are no laughing matter and if you have been falsely accused of it, it will be important to defend yourself against these false allegations.  A skilled defense attorney will analyze all the facts and information for any discrepancies in the victim’s story.
  3. You were defending yourself.  In the event that you did end up harming the other party, but were acting in the defense of yourself or your children, you should discuss the claim of self defense with your attorney.  If you reasonably perceived that the other party was an imminent threat, you were not the initial aggressor, and your response was proportional to the threat you perceived.
  4. The other party consented.  In a rare situation that the other party did voluntarily consent to the specific act that caused the battery, then you may be able to use this defense against a domestic battery charge.
  5. The prosecutor has not met their burden of proof.  Regardless of what happened during the incident, if the prosecutor has failed to prove, to a certain degree, that you are guilty of domestic battery, then you cannot be convicted.

Regardless of what defense may be best for your situation, the most important defense you need will be in the form of an experienced and skilled criminal defense attorney.  Eugene Fimbianti understands the need for a great defense and has the skills to provide one.  His experience as a police officer and a prosecutor have given him significant insight on how the other side thinks.  Call The Law Offices of Eugene Fimbianti, P.C. today for the best criminal defense in Illinois.