Domestic violence is a serious problem in Texas. Each year, thousands of domestic violence cases are filed, and they are taken seriously. A person who has been accused of domestic violence has a lot to lose if they are convicted. But if the charges are falsely made, a defendant may want to consult with a criminal defense attorney to defend their rights.
Domestic charges are serious and can result in life-changing consequences if convicted. These may include:
- Jail time
- Restrictions on firearms possession
- Alimony and child custody
There are several defense strategies an attorney may use to protect their client against domestic violence charges. These include:
- The victim lied: It is possible that the victim made up the story in order to get even. A defense attorney will seek to establish if the injuries on the victim support their client’s version of the story and whether the crime report matches the defendant’s story.
- Accidental injury: In this case the defendant doesn’t deny that they were there when the injury occurred, just that they didn’t cause it.
- Defense: If a defendant claims they were trying to defend themselves or their kids an attorney will check a police report for admissions of violence, the reason why violence was used, whether the injuries were self-defense, and any inconsistencies.
- Investigative errors: In this case the police committed investigative errors during the investigation. These may include the police interrogated the defendant while in custody but neglected to record the interrogation, they police did not read the defendant their Miranda rights, there was no probable cause to search or interrogation, the defendant was denied their right to a lawyer, etc.
A legal professional who is skilled in criminal defense can help their client fight domestic violence charges against them. They realize that emotions run high during a domestic disturbance case and that it is important to have an attorney who can keep things in perspective and help protect their client’s future.