False allegations of domestic violence are common, especially among divorcing couples. A false claim can have long-term impacts on your personal and professional life. And it is usually in your best interest to retain a New Jersey criminal defense attorney. Your attorney will determine the best defense strategy to use for your case. 

When you’re accused of a crime, having a strong legal advocate is essential to protect your rights and build a solid defense. A seasoned criminal defense lawyer in Snellville can guide you through every step of the legal process, challenge the prosecution’s case, and work toward the most favorable outcome possible for your situation. 

What Constitutes Domestic Violence

Domestic violence refers to acts of causing any type of bodily injury to a person and causing a person to fear for their safety. It includes sexual or non-sexual assault, sexual abuse of minor children, and rape. The act should have happened between members of a family or household.

When a person calls law enforcement to report domestic violence, the state’s laws required them to arrest the alleged perpetrator. Then, the prosecutor decides whether to press charges or not. The alleged victim cannot drop the charges once they make a report. If you have been arrested for domestic violence, make sure to remain silent, do not incriminate yourself, and call a lawyer right away. 

Defense Strategies

Charges for domestic violence are not easy to defend. Although your attorney can use self-defense as a strategy, proving it is hard, particularly if the main claims to defend himself against a woman. Another defense strategy your attorney can use is the defense of others. If you are in immediate danger of possible injury, you can try to stop the situation by using reasonable force.  Also, your lawyer will find evidence of witness bias or others that may cut down the credibility of the person accusing you. Other defense strategies include consent, lack of proof, wrong suspect, and fabrication. The strategy your attorney will use depends on the circumstances that surround your case. But, to have a chance to prove your innocence, you need a lawyer handling the legal matters of your case. You should not try to handle your case on your own. 

How Defenses Apply

Usually, you and your accuser are the only witnesses to the alleged domestic violence incident. Because your accuser’s testimony has a significant weight on the case, you need to hire a lawyer with extensive experience cross-examining court witnesses. They can assess the recorded statements of the alleged victim and discuss credibility issues with you. Also, your attorney will perform a thorough investigation into other evidence of the incident. This includes 911 calls and body camera footage from officers who responded to the call.