Domestic Violence and Domestic Assault Charges

Violence within the home can be a complicated situation to fully understand and it is often hard to see all of the details clearly.  Most cases of domestic criminal actions fall under the category of assault and battery (essentially the intent to harm and the action of harming).  Domestic violence can involve spouse and/or children and can refer to sexual abuse or any other type of physical abuse.  Charges of domestic violence are usually brought to court even if the plaintiff is not willing to testify, so prosecution is possible with outside witnesses only for testimony.  Being charged with domestic assault is serious and it can be very challenging to defend against those charges.

Pleading Not Guilty

The first option for defense when charged with domestic assault is to plead not guilty; basically stating that you did not commit the action you are being charged with and so should not be prosecuted.  Probably the most vital legal presupposition in your favor is the rule that everyone is innocent until proven guilty.  You can remain completely silent and not offer any evidence proving innocence and still win the case.  You do not have to “prove” innocence, because you are not guilty until proven. Another important defense against domestic violence charges is an alibi.  With an alibi, you can present the case that it is impossible for you to have committed the assault because you were somewhere else and possibly with someone else at the time of the supposed violent assault.

Pleading Guilty, But Had No Intent to Harm

In the case of pleading guilty, you must be able to prove that you did not intend for any harm to come from your actions or that other circumstances were present so that you should not be held responsible. Acting in self-defense is not usually considered an assault and your charges could be annulled if you were simply trying to defend yourself.  You must be able to prove; however, that any violent actions on your part were in response to someone else’s aggression for a self-defense claim to stand.  For example, your spouse came at you with a gun or other weapon and you knocked him/her unconscious to try and avoid injury.

Getting Legal Help

If you have been charged with violent domestic assault, then it is crucial to you case that a knowledgeable criminal defense attorney is contacted right away.  The attorney will be able to represent you in court and help plead your case.