Domestic violence is a violent crime, typically a battery, assault or stalking perpetrated against a defendant’s relative or household member. Some jurisdictions have specific DV statutes apart from those on general assault. In other areas, prosecutors charge a defendant with general battery or assault, and if the state proves that the victim was a member of the household, punishments are enhanced.
Domestic Violence Defenses
Those charged with DV can defend themselves in two different ways: their Domestic Violence Lawyer in Green Bay WI can try to show that the prosecutor has not proven their case because guilt can’t be proven beyond reasonable doubt, or they claim a defense that absolves them of criminal liability. These differing approaches are explained below.
Disproving the prosecution’s case: In all criminal proceedings, the prosecution must prove that the defendant had the motive and intent to commit a crime. For DV, certain elements must be proven. The victim must be a member of a class protected under DV statutes, and defendants can argue that they and the plaintiff are not related in such a way. This approach, when successful, can stave off a DV conviction, but a person may still face assault charges.
Offering affirmative defenses: A DV defendant can assert that they acted in self-defense, and that the alleged victim is the true instigator. These situations are often encountered by EMTs and other first responders, and in many cases, police must determine who was the aggressor. At trial, however, a defendant can raise the issue and attempt to prove that the assault was a justifiable response to the victim’s aggressive acts.
Hiring an Attorney
If a person is charged with domestic violence, or if they’re charged with an offense that carries enhanced penalties when the victim is a member of a protected class, they should call a defense lawyer right away. A Domestic Violence Lawyer in Green Bay WI can evaluate the quality and strength of the state’s evidence, and they can determine which defenses may be available. Clients should not speak with investigators or prosecutors until they’ve talked with an attorney from visit us website.
