How to Defend A Domestic Battery Charge

How to Defend A Domestic Battery Charge

Domestic battery in simple terms is the touching or striking of a family or household member without their consent. Any kind of intentional bodily harm that is caused to another person constitutes this crime.

Understanding Domestic Battery

In order to understand who will be included in the framework of domestic battery, it is important to know what the rules include under the term 'family or household member'. The household member could include your spouse, children, parents, ex-spouse, a partner who resides with you, the parent of your child or any other person who lives with you in the capacity of a family member. According to the law, for the person to be a domestic family member, they should be currently residing with you or have resided with you in the past. The exception to this rule is for people who have a child in common.

Defense Strategies

There are a lot of valid defense strategies that you can adopt in order to make a domestic battery charge go away. However, don't try to be over-confident about building a defense for yourself. Contact a good criminal defense attorney who will go over your case completely and tell you the best options available for your particular situation. Some of the common defenses that are presented include:

• Self-defense, defense of some other person or defense of property
• An absence of any injuries on the victim
• Lack of evidence to corroborate the incident
• Disputes about the facts that are in question
• Mutual combat between the parties
• A vindictive victim
• A 'Stand Your Ground' motion that asks for prosecutorial immunity

Why Get a Good Lawyer?

A good criminal defense attorney is very important if you want a chance to make this charge go away or at least try to get the best possible deal and avoid any major penalties. If you lose your case, you could face jail time, community service, 12 months of probation, a no-contact order or you could lose some of your civil liberties.

A private attorney will help you understand all the facts of the case and tell you how to go about the charge. The biggest advantage of hiring a good attorney is that it opens the possibility of early negotiations. This means that even if you cannot have direct contact with the victim, the attorney can approach the person and communicate with them in order to try and get them to drop the charges and get into a negotiation instead. Of course, the decision to prosecute does rest completely with the office of the State Attorney but the input of a victim can be very persuasive in their decision of whether to move ahead with the case or not. Your attorney will also advise you on whether to seek voluntary help. Participation in voluntary programs could show the prosecutor that you are responsible and taking control of your actions and making an effort to improve on your own.


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