All it takes is one 911 call. Your spouse, partner, or family member accuses you of domestic violence, and you are arrested and charged with a crime. Family members turn away from you, your coworkers judge you, and you might even lose your job.
On top of all that, you face charges that could land you behind bars and likely taking up to a year of classes.
This is the unfortunate situation so many Washington residents like you find themselves in. But there is good news: You have a chance to defend yourself against domestic violence accusations.
Domestic violence defense isn’t easy, though, which is why it is so important to contact a trusted attorney who knows how to defend against domestic violence charges. Read on for more information on five key domestic violence defenses, and contact Will & Will for legal help.
According to Washington State law, you are allowed to defend yourself within reason. If the person who accused you of domestic violence attacked you first and your actions were in self-defense, you do not deserve to be convicted of this crime.
To demonstrate that you acted in self-defense, your attorney will look at the following:
- A history of violence or criminal convictions that suggest the accuser’s violent nature
- Any evidence in the police report or at the scene of the alleged incident that would suggest that your accuser was attacking you
- A reason why your accuser might have been motivated to attack you
- Witness statements that describe your acts as self-defense
The longer you wait to speak with a defense attorney about this domestic violence defense, the harder it will be to uncover evidence that could exonerate you.
2. Another Individual Is Responsible
Sometimes, victims of domestic violence feel that they cannot report the person who actually hurt them, so they point the blame at another person—in this case, you.
If someone else is responsible for the crime you have been charged with, you can defend yourself by proving it.
Your attorney will look for holes in the story that was told to the police. Do you have an alibi for when the alleged abuse occurred? Where were you when the incident happened? Are there any witnesses or other pieces of evidence that prove you were not at the scene?
Gathering answers to important questions like these can help your legal team prove your innocence.
3. Your Accuser Is Lying
Maybe you were there when the alleged abuse happened, but your accuser is lying about your involvement.
For example, your spouse or significant other might have intentionally injured themselves and then said the injuries were the result of domestic violence. In such a case, your domestic violence defense lawyer would examine the injuries to determine whether they are consistent with domestic violence or some other event.
No matter what aspect of the incident your accuser is lying about, the key will be to find evidence that proves the lie. An experienced attorney will know exactly where to look for that evidence.
4. It Was an Accident
Perhaps you rushed to steady your accuser as they were falling and accidentally hurt them. Maybe you were doing some home repairs and accidentally struck them with a tool. No matter the case, an accident is not the same thing as criminal domestic violence.
To prove that this was an accident, your attorney will look at the evidence surrounding the event in question. Showing that you had no motivation to commit violence and that the details of your story are true or at least plausible will be key to your domestic violence defense.
5. The Police Violated Your Rights
While your attorney will have specialized knowledge of how to defend against domestic violence charges, they may be able to sidestep defending against the specific charge entirely by showing that the police violated your rights when they arrested or interrogated you.
Here are situations in which this defense might work:
- You asked for a lawyer, but the police denied your request.
- You were not read your Miranda Rights.
- The police had no probable cause to interview or search you.
- Police failed to collect or mishandled evidence.
Any police misconduct in your case could result in your charges being dropped. A knowledgeable attorney can help you pinpoint the ways the police mishandled your case.
An Attorney Can Help with Your Domestic Violence Defense
With 35 years of combined experience, Court and Michelle Will understand how to defend against domestic violence charges and can help with your case. The experienced attorneys at Will & Will, Attorneys At Law, have secured successful outcomes in thousands of cases, and they are ready to do the same for you.
To get started, reach out to Will & Will by calling 206-209-5585 or contacting us online.