We can all agree that domestic violence cases have become more common than ever before. Disrespect, infidelity and tough economic times are some of the reasons why the cases have risen tremendously.
When you are charged with domestic violence, you need to prepare yourself appropriately for you to win the case.
Find a good domestic violence lawyer
If you have a large budget, you should hire a private lawyer, but if you are strapped for cash, ask the court to appoint a public defender for you.
While cheap, public defenders may not give you the representation you deserve as they are mostly overworked.
Collect evidence
There is no way you can win a domestic violence case if you keep quiet—you need to cast doubt on the victim’s story and credibility. If the victim says that you beat him/her you should take photographs of your hands to show that there are not cuts, bruises, swelling or scratches.
If the victim has a drinking problem, you should gather evidence to prove it. Proof of a drinking problem lower’s the victim’s credibility, thus increasing your chances of winning the case.
You should gather: drunken text messages, receipts for alcohol purchases, and a video showing the victim drunk.
Get witnesses
Witnesses are of great importance in your domestic violence defense. Work closely with your criminal defense attorney and find one or two witnesses that will help you get off the hook.
Great witnesses are those that observed the incident but don’t know you. Since they are strangers, the judge will view them as unbiased.
There are many types of assault charges where some are serious and can see you in prison for up to 25 years. Others are minor and require you to pay a small fine or serve a short jail sentence. When you are charged with assault you should contact a criminal defense attorney who will come up with a defense strategy.
Main types of assault charges
While there are many subcategories of assault charges, two are the most common: first degree and second degree
First-degree: this is a very serious charge and attracts a serious penalty. It’s classified as a felony and if convicted you can spend up to 25 years in prison. You are charged of first-degree assault when:
- Intentionally cause serious physical injury to another person
- Attempt to cause injury
- Commit the assault with a firearm
When you are charged with this felony you should hire an assault charges attorney who will help you get out of the charges or reduce the penalty.
Second-degree assault: it’s not considered as serious as first degree assault, but you still stand to serve a prison term. You can be charged with this offence when you touch someone else in a manner that can be said to be offensive, unwanted or harmful.
This charge is treated as a misdemeanor, but you can serve up to 10 years in jail. You should note that if you commit the offence on a law enforcement officer the charge is treated as a felony.
Self-defense
Assault cases often results from fights and if you are fond of visiting the courts you must have heard a charged person arguing that he/she was protecting himself/herself. You can claim self defense when you use physical force to protect yourself or someone else. To defend yourself using self defense you should show the amount of force you used is reasonable.
You should work with your assault charges lawyer and use a witness to give testimony that shows that you are truly protecting yourself and you aren’t the one who started the fight. You should also be able to show that the assault you used is reasonable otherwise you will be held guilty of assault even if you didn’t start the fight. Assault charges are very serious and to protect yourself you should have an experienced assault charges defense lawyer. To make the work easy for the lawyer you should tell him/her the truth