Defenses Used by Domestic Violence Lawyers in Lancaster County, PA
Domestic violence allegations are taken very seriously and for good reasons. According to information provided by the National Coalition Against Domestic Violence, over one million people are assaulted by intimate partners each year. As important as each victim’s story is, at the other end of the spectrum are the wrongfully accused. For these people, a strong defense can protect their freedom and reputations. If someone is wrongfully accused, domestic violence lawyers in Lancaster County, PA can provide a strong defense.
Misidentifying a Suspect
If the defendant alleges that someone else committed the abusive acts, there are a variety of ways to establish innocence. This step may include offering proof that the defendant wasn’t at the scene and whether they had an alibi.
Malicious/Deliberate False Allegations
Some people file false domestic violence charges out of spite or malice. This is common in divorce and child custody cases. To avoid a conviction arising from false accusations, a defense lawyer may look for inconsistencies in an accuser’s story by comparing it to eyewitnesses’ accounts and police records.
In many of these cases, a defendant claims that they acted in defense of themselves or others (often children). Self-defense claims may be successful if a defendant perceived an immediate danger, used a proportional amount of force, and was not the primary aggressor.
It is rare, but if someone consents to a certain act, that offering of consent may serve as a defense against domestic violence charges. Consult domestic violence lawyers in Lancaster County, PA for more details on this legal defense to domestic violence allegations.
A defendant’s best defense is sometimes to poke holes in the other party’s story. A person cannot be convicted of domestic violence if the prosecutor fails to meet the proper burden of proof.
The best part of the American justice system is that it works to protect domestic violence victims as well as the wrongfully accused. To find out more about available legal defenses, speak to an experienced criminal lawyer in the area. Call the Law Office of Melissa R. Montgomery or visit the firm’s website for further details.