Domestic violence is a serious allegation, and an arrest can trigger a series of severe and unfavorable consequences. In order to avoid these consequences and mitigate your risk of facing a conviction at trial, you need to defend yourself by all means available.
While it will not be possible to successfully defend against domestic violence allegations in all cases, the good news is that there are several potential defenses available. If you are facing charges, here are seven defenses that Essex County domestic violence attorney Scott Gorman may be able to use to protect you:
1. You Have an Alibi
If you were not at home (or wherever else the alleged incident took place) at the relevant time, proving this with an alibi can protect you against a domestic violence conviction. Possible evidence of an alibi can include witness testimony, credit card records, cell phone records, and photos or video footage.
2. You Have Been Falsely Accused
Unfortunately, false allegations of domestic violence are common, and in New Jersey, the police have a legal obligation to take all credible allegations seriously. But, even if an alleged victim’s accusations seem credible initially, it may be possible to prove them false by collecting evidence subsequent to your arrest.
3. The Police Illegally Searched You or Your Home
In order to conduct a search, the police must have probable cause, and they must have a warrant in many cases. If the police illegally searched you or your home, then you may be able to assert your Fourth Amendment rights to keep any illegally-obtained evidence out of your trial.
4. The Alleged Altercation Involved an Accident
Some alleged instances of domestic violence involve accidents. If you accidentally injured your spouse, your domestic partner or any other member of your family, this does not amount to a criminal offense under New Jersey law.
5. You Acted in Self Defense
Self defense can also be asserted as a defense to domestic violence charges in many cases. If you reacted to an attack or threat of imminent physical harm, then your reaction was justified in the eyes of the law.
6. You Acted in Defense of Someone Else
The same is true if you acted in defense of someone else. For example, if you felt that you had to take action in order to protect your child, a disabled family member or an aging adult, this could provide a complete defense to criminal culpability under New Jersey law.
7. The Prosecution Doesn’t Have Enough Evidence to Convict You
Finally, regardless of the circumstances involved, if the prosecution doesn’t have enough evidence to convict you, then you cannot be found guilty. In many cases, avoiding a conviction for domestic violence involves showing that the prosecution’s case is lacking in one or more respects.
Contact Essex County Domestic Violence Attorney Scott Gorman About Your Case
In order to determine what defenses you can use to fight your New Jersey domestic violence charge, you will need to speak with an attorney as soon as possible. To schedule a free initial consultation with Essex County domestic violence attorney Scott Gorman, call 201-489-9199 or contact us online now.
Published in Categories: Domestic Violence