Defending Domestic Violence Charges in Richmond
When someone is accused of domestic violence, the charge must be taken seriously, and the legal and societal implications of a conviction can be severe. However, there are times when the accusation has no evidence to back it up or fails to mention that the accuser was being aggressive. There are numerous ways of defending domestic violence charges in Richmond that do not downplay the seriousness of the claim. A knowledgeable domestic violence attorney could help guide you through this delicate process in order to preserve your freedom and your reputation.
How an Attorney Defends Domestic Violence Charges
It is essential for a person charged with domestic violence to contact a lawyer because they will want an attorney who is familiar with that area of the law. Whenever there is any kind of a courtroom proceeding, everybody in the courtroom is likely an expert in their particular field, whether it is the police, the judge, or the Commonwealth attorney/prosecutor. Someone accused of a crime will not want to be the only person involved without specific legal knowledge, especially when their livelihood is on the line. A lawyer could act as their legal advocate.
Domestic violence charges are prosecuted harshly and could lead to long prison sentences or potentially protective orders that restrict some civil rights such as the ability to possess a firearm. It is imperative to hire a lawyer that is trustworthy and knows how to defend against charges of domestic violence in Richmond.
Familiarity with the Court
The biggest benefit of using a legal professional to help prepare a defense is that they are familiar with the jurisdiction, which gives them a reasonable expectation as to what could happen. They could help prepare the defendant for either trial by a judge or by a jury, and explain what their likelihood of success is going to be.
How Could Someone Improve Their Defense Case?
The first thing a person should do in order to help their case is leave the scene where the domestic violence allegedly occurred. They should go to an apartment or a hotel, but they should leave on the front-end. It is important to give space to the individual who might be accusing them. After they leave, the next thing they should do is speak with their lawyer.
Depending on the jurisdiction, there are different choices they could make to put themselves in a better light. If there is a no-contact order, they should not contact that other individual under any circumstances. If a no-contact order was not placed on them, and the accuser still wishes to have contact, that is normally a positive sign. The accused should be kind and respectful to that person, which could benefit them during litigation. It is also a benefit for an accused individual to take anger management or marriage counseling, or be involved in community service.
What is the Essential Evidence in Defending Against a Domestic Violence Charge?
The key pieces of evidence for defending a local domestic violence charge will be dependent on what the accuser is claiming. If they are accusing the person of an assault that did not happen, the defense will want to confirm an alibi or otherwise prove that the accuser is lying. A defendant who argues that they had a legal right to defend themselves must show that the accuser posed a threat and that the self-defense was proportional to the threat. If the incident was accidental, they would go into the realm of straight mitigation, and try to argue that this is not a regular occurrence and that there was no malice involved.
Speak to an Attorney About How to Defend Against Domestic Violence Charges in Richmond
It is important to have a solid defense strategy ready if you have been accused of domestic violence. You could work with a lawyer to determine the best way to argue your case and avoid a conviction. Contact us now to discuss ways of defending domestic violence charges in Richmond.