How Can I Defend Against a Domestic Violence Charge in Texas?

 Posted on March 09, 2020 in Family Violence

From an outside perspective, it could seem as if a family violence case is open-and-shut in favor of the alleged victim and the prosecution, but the truth is that these cases are a lot more involved and complex than you might think. There are many elements of these types of allegations that can be legitimately and convincingly argued from both sides of the courtroom. In fact, criminal defense approaches and strategies for these types of charges can be especially effective for someone facing such serious accusations.

Effective Defense Strategies

An experienced criminal defense attorney will review the case thoroughly and examine all evidence. Some of the methods used to defend against family violence charges include:

• Instilling reasonable doubt—The prosecution must prove “beyond a reasonable doubt” that a defendant is guilty of the family violence charges. The defense can work to undermine this by:

• Stating that the evidence is insufficient—No witnesses, no weapons, and a lack of substantial physical proof of harm on the victim’s body are all examples of insufficient evidence that a lawyer might focus on. Without ample evidence, the prosecution’s case is weakened.

• Suggesting that there was a failure in police procedure—If the police did not follow proper protocol, that can result in crime scene contamination or negligent evidence collection. This is seen as an impediment to the case that would prevent a defendant from receiving a fair trial, which means he or she could possibly be exonerated on a technicality.

• Showing lack of intent—Domestic violence charges could be reduced if it is proven that a defendant never intended on anyone getting hurt and does not have a history of such behavior. To do this, the defense could try:

• Verifying the status of the relationship and family—An attorney can make the argument that if the family and relationship dynamics were healthy, there would be no cause for concern with regards to family violence. 

• Establishing good character—Family and friends may testify to a defendant’s good moral character, suggesting that the accusations are false. 

• Suggesting incapacitation—If it can be shown that an alleged abuser was incapacitated or was not entirely responsible for his or her actions at the time of the incident, this could help reduce the charges.

• Questioning the motives of the alleged victim(s)—Probably the most aggressive defense strategy with family violence and domestic violence is pointing out actions or behavior by the alleged victim in order to suggest that he or she is unreliable and cannot be trusted to tell the truth. A lawyer might also argue that the victim has a history of violence, abuse, or drug/alcohol problems that could bolster a self-defense or provocation argument. 

• Arguing for lesser charges—In some cases, an individual might be charged with something that may or may not tell the whole story. For instance, the prosecution might argue that the defendant physically assaulted both his or her spouse and child, when only the spouse was actually involved in the incident. This could lead to a reduction of the charges, since the prosecution’s claims are inaccurate and overreaching.

Contact a Plano Domestic Violence Lawyer

When you are accused of family violence, it might seem like the whole world is against you. In many cases, you will immediately be portrayed as the villain. However, there are two sides to every story. The legal professionals at the Law Offices of Biederman & Burleson P.L.L.C. are prepared to develop a strong defense on your behalf to reduce or eliminate your charges altogether. Call our tenacious Fairview criminal defense attorneys at 469-333-3333 to schedule a free consultation. 

Sources:
https://www.ncjrs.gov/pdffiles1/nij/grants/194074.pdf
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm