Most people who are in a relationship wind up in a dispute at one time or another. The vast majority of these disagreements are nothing more than the exchange of words and end with either reconciliation or mere hurt emotions. In some cases, though, domestic disputes turn violent. When this happens, there is a very real possibility that you can find yourself accused of committing a crime. Without a strong criminal defense on your side, you might end up facing significant penalties, including jail time. Additionally, a criminal conviction related to domestic violence may negatively affect you in future family law matters, such as child custody.
So, there’s a lot at stake when you’ve been charged with a crime related to assault and domestic violence. If you’re scared of what that means for your future, it’s okay. You can find the support you need through a strong criminal defense. And you might have a lot of defense options depending on the circumstances. Let’s take a look at some of them:
One option you have is to simply deny that you were involved in the altercation in question. With this defense, you’ll probably need to utilize witness testimony to provide you with an alibi and do your best to attack the credibility of the victim and his or her supporting witnesses.
Argue that the injuries were caused accidentally
To obtain a conviction for assault and domestic crimes in Texas, prosecutors have to show that you acted intentionally, knowingly, or recklessly. This can be a tough burden to meet and leaves the door open for you to argue that you didn’t mean to cause the injuries in question.
In many instances, individuals are accused of perpetrating violence when in fact they were merely trying to defend themselves against another’s attacks. If this is true for you, then you may want to document any defensive injuries you suffered and look at police reports to see if the alleged victim made any admissions that indicate that he or she was the perpetrator.
Allege that the police acted inappropriately
The police are required to follow certain protocol. If they interrogated you without reading you your Miranda rights, or if they used force or coercion to obtain a false confession, they you may be able to suppress that evidence.
Argue that guilt can’t be proven beyond a reasonable doubt
Prosecutors must prove guilt beyond a reasonable doubt in order to obtain a conviction. This is a high bar. Therefore, you’re not required to prove your innocence. Instead, you just need to raise enough doubt as to your guilt to obtain an acquittal.
The specific type of criminal defense that you pursue is heavily dependent on the facts at hand. But in order to maximize your chances of succeeding on your criminal defense, you need to know the law and how to aggressively apply it to those facts. Although it’s natural to feel scared when facing allegations of criminal wrongdoing, don’t let your nerves and your fear get the best of you. Instead, consider seeking out the help you need to defend yourself as best you can.