If you’ve been accused of domestic battery, you know that your future hangs in the balance – but your domestic battery defense attorney may be able to help you. Check out the five most common defenses used in domestic battery cases; your lawyer might use one of them in your case.
The 5 Most Common Defenses Used in Domestic Battery Cases
The five most common defenses used in domestic battery – or, rather, some of the ways your attorney might defend you – include:
- You are is not guilty of domestic battery.
- The alleged victim lied about the incident.
- The alleged victim’s injuries were accidental.
- You were defending yourself.
- There’s not enough proof.
Here’s a closer look at each.
Domestic Battery Defense #1: You Are Not Guilty
Sometimes people make false allegations of domestic battery, whether they’re doing so to try to gain leverage in a divorce case or they have other reasons.
Your attorney might talk to you about where you really were and what really happened during the alleged domestic battery incident. If you weren’t there, or if you were there but didn’t do anything, your attorney will look for evidence that supports you.
If someone accuses you of domestic battery and you didn’t do it, you absolutely need legal counsel – there are plenty of innocent people behind bars who assumed that the truth would come out in court.
Domestic Battery Defense #2: The Alleged Victim Lied
In some cases, people who accuse others of domestic battery exaggerate their injuries or even – in the worst cases – injure themselves and blame another person. Your attorney will look at the police report on the incident and try to establish the truth. He’ll look for inconsistencies in the alleged victim’s story, as well as inconsistencies in his or her reported injuries. If there are inconsistencies, you can expect your attorney to bring them up in court.
Domestic Battery Defense #3: The Alleged Victim’s Injuries Were Accidental
Accidents happen – and the courts know that. If you accidentally hurt the alleged victim but he or she is contending that you did so purposely, your attorney may be able to show the court that what happened was unintentional.
Domestic Battery Defense #4: You Were Defending Yourself
Self-defense is a valid argument against many domestic battery accusations. You are absolutely allowed to protect yourself, so if the alleged victim was attacking you or attempting to harm you, resulting in his or her own injury, your attorney will make sure the truth comes out in court.
Domestic Battery Defense #5: The Prosecution Cannot Prove That You Committed the Crime of Domestic Battery
It’s not your responsibility to prove that you’re innocent when someone accuses you of a crime. It’s the accuser’s responsibility to prove that you’re guilty. That means if the prosecutor – the attorney working on behalf of the state of Illinois – can’t prove beyond a reasonable doubt that you’re guilty, the court cannot convict you. If the prosecutor is short on evidence that proves you’re guilty, you can expect your lawyer to say so in court.
Do You Need to Talk to a Lawyer About Domestic Battery Defenses?
If you’ve been accused of domestic battery, we may be able to help you. Call us right away at 847-920-4540 or fill out the form below.