Domestic violence accusations can have an immediate impact on your personal and professional life. The penalties for domestic violence in Virginia can be harsh and include jail time. If you’re facing domestic violence charges, it’s important to be proactive with your legal defense. Working with a skilled attorney to build a strategic legal defense can help you protect your freedom and future.
Thoroughly Investigating the Domestic Violence Accusations
Building a strategic legal defense against domestic violence charges should begin with a thorough investigation of the case. Gathering all relevant evidence, including witness statements, text messages, available video footage, and medical records, is an essential first step. An experienced defense attorney can identify any discrepancies in the alleged victim’s account. They can also highlight any inconsistencies that may cast reasonable doubt on the domestic violence allegations.
Lack of Evidence of Domestic Violence
Additionally, an attorney can carefully review police reports, which may include critical insights into the events leading up to the charges. By combing through all of the available evidence of the case, an attorney can build a robust defense that challenges the prosecution’s specific narrative while protecting your rights as a defendant. If the prosecution does not have enough evidence of domestic violence, your defense attorney can petition the court to dismiss the charges against you.
Self-Defense or Defense of Others
Those facing domestic violence charges may be able to use self-defense to fight the charges. You and your attorney will need to show you were defending yourself or someone else from imminent harm and that you used reasonable force to protect yourself or another person. It’s crucial to prove that the force you used was necessary and proportional to the threat faced to use this defense successfully.
Proving A History of False Accusations
If the alleged victim of domestic violence has a track record of false accusations, it can greatly damage their credibility. Your defense attorney may be able to negotiate with the prosecutor based on previous false allegations. The prosecutor might conclude that these previous false accusations could raise doubts about the alleged victim’s current claims. The prosecution may drop the charges before the case proceeds to trial. If the case goes to trial, your defense attorney may be able to introduce evidence of previous false accusations.
Proving You Have an Alibi
Establishing a strong alibi can undermine the accusations and may result in charges being dropped. Presenting evidence or witnesses who can confirm the accused’s location away from the scene during the alleged domestic violence event may result in the charges being dropped against you.
Similarly, if you can prove you were mistakenly identified as the person who did commit domestic violence, you can use that information as part of your legal defense. Suppose a third party, such as one of your neighbors, called the police and reported a domestic assault. If they misinterpreted the situation or wrongly identified you as the assailant, you can use this information as part of your legal defense.
Contact a Domestic Violence Defense Attorney in Northern Virginia
When facing a domestic violence charge in Virginia, working with a skilled defense attorney is a crucial first step to protecting yourself. At Surovell, Isaacs, & Levy, PLC, we have extensive experience working with local law enforcement, judges, and prosecutors within the Northern Virginia court system. Don’t hesitate to contact Surovell, Isaacs, & Levy, PLC to schedule a case evaluation.
Posted in: Domestic Violence