The prosecuting attorneys across the State of Texas typically pursue allegations of domestic violence with vigor. This aggressive pursuit can at times result in criminal charges against a person who has done nothing wrong. Thankfully, there are a variety of defenses that could result in an acquittal of a family violence offense at trial.
It is not enough to select a defense and hope for the best. Every case is different, and it is vital that you build your case around the strongest defense as it pertains to your situation. Your best bet is to work closely with a dedicated Houston domestic violence defense attorney when developing your defense strategy. To discuss your defense options, contact Board Certified Criminal Defense attorney Doug Murphy as soon as possible. Below, we discuss some of the most common defenses to a family violence charge.
False Accusations
False accusations are an unfortunate reality for many people accused of domestic violence. These allegations can occur during a heated argument, or they can be a calculated move made by a party to a divorce or custody lawsuit.
False accusations a damaging in these cases as there are often no independent witnesses to testify as to what actually occurred. When the prosecutor believes the alleged victim's story, they often pursue criminal charges despite a lack of actual evidence. An attorney could investigate these accusations and highlight any discrepancies in their story.
Mistake
Accidents happen. Sometimes, they result in an injury. If you are arrested for causing an injury that was accidental, you could have a viable defense at trial. Establishing that an injury was accidental can require various evidence including photos of where the accident happened and testimony regarding what was happening at the time of the injury.
Self-Defense
If you are not the aggressor in a physical altercation, you have the right to defend yourself from harm. Despite this, the police often arrest all parties involved in a domestic violence situation regardless of who the aggressor actually was. Your attorney could investigate the circumstances of your arrest in an attempt to demonstrate that you were in fact the victim in the altercation.
Defense of Others
Much like with self-defense, you are also entitled to defend others from harm. This defense is especially common when children or other loved ones are in danger. In many cases, the police will fail to thoroughly investigate the cause of an altercation. Your attorney could show the jury during your trial that you only acted to defend your children or other loved ones from the aggression of your accuser.
Craft a Winning Defense with a Houston Domestic Violence Defense Attorney
While there are many potential defenses to a domestic violence charge, there is no guarantee they will be successful. Given the potential risks of a conviction, it is crucial that you give yourself the best chance of prevailing at trial. By working with a board-certified criminal defense and skilled defense attorney, you could improve your chances of an acquittal. To learn more about your options, schedule a free consultation with the Doug Murphy Law Firm, P.C. today.
