If you’re like many people charged with domestic battery or aggravated domestic battery, there was alcohol involved in the circumstances that led up to your alleged “incident” – but is drinking a valid defense to a domestic battery charge?
Is Drinking a Defense to a Domestic Battery Charge?
The short answer is no. Drinking can’t be used as a defense to a domestic battery charge; you can’t say, “Well, I was drinking, so I’m not really responsible for what happened.”
There are a few exceptions, but your domestic battery defense attorney will discuss those with you if they apply to your case.
What Can You Use as a Defense in a Domestic Battery Case?
There are many possible defenses to domestic battery charges, but two of the most common defenses in domestic battery cases are self-defense and showing that the alleged victim is making it up.
Self-Defense in Domestic Battery Cases
If you’re attacked, it’s reasonable to expect that you’ll defend yourself – as long as you defend yourself in a reasonable manner. (If someone slaps you, responding by repeatedly hitting that person with an object would not be reasonable.)
Fabrication in Domestic Battery Cases
Sometimes the alleged victim is actually the attacker. Occasionally, one party will start hitting or otherwise physically contacting the other; when the person being attacked responds, the attacker claims that he or she is actually the victim.
There are other cases in which the alleged victim completely fabricates (makes up) the entire story – no physical contact ever took place.
Your attorney will evaluate your case and provide you with guidance on what to do if either of these is true in your case.
Do You Need to Talk to a Domestic Battery Defense Attorney?
If you’ve been accused of domestic battery, whether or not you’re guilty, you may need to talk to a domestic violence defense lawyer. Call us at 847-920-4540 or get in touch with us online for a free domestic battery case review. We may be able to help you.