Three Ways An Attorney May Be Able To Defend You Against Domestic Violence Charges

The laws on domestic violence vary by state, but in most states, if the police arrive and your partner or other resident of the home has evidence of bruising, cuts or any other mark suggesting battery and you are accused of it, you will likely be arrested. The laws have changed now that the victim no longer needs to press charges; your arrest is automatic. Depending upon the circumstances, you may not be charged with a crime, but if you are, the following are three ways an attorney may be able to defend you.

A claim of self-defense

Under certain circumstances, your attorney may be able to claim you were defending yourself, but you need to keep in mind that there are limitations. Even if your domestic partner were to strike you first, you are only allowed to use the necessary force to defend yourself. For example, if you are slapped harmlessly in the face and retaliate with a punch that results in serious injury, a claim of self-defense is not likely to work. But there are exceptions. If the circumstances made you believe you were in imminent danger, this defense may be possible. However, you will need to explain your particular circumstances with an attorney.

Defending another person

If the reason you struck someone in your home was in defense of another person such as a child or an elderly person, it may be possible for your attorney to defend you under these circumstances. You are allowed to defend others, especially those who defenseless. A mother or father defending a child is one example, but the defense of an elderly parent may be equally justified.

A first time offense

If this is the first time that you have been arrested for domestic violence, an attorney may be able to plea bargain the charges down to a lesser offense. This is especially true if you agree to counseling such as anger management. If there was alcohol involved and this can be attributed to your first episode of violence, you may be able to have the charges reduced with an alcohol abuse treatment program.

Keep in mind that once you are arrested, you must remain silent. Be polite to the arresting officer, but once you are placed under arrest, anything you say will likely hurt your attorney's chances of helping you. You are likely to be emotional at the time, but you need to wait to speak to a criminal attorney to make a statement. In addition, do not violate any temporary restraining order or other restrictions in contacting your domestic partner.