Defenses In A Case Of Domestic Assault

Domestic assault is a serious offense in any state. The impact of being wrongly accused of assault can last for years, and people would probably view you as a potential assaulter wherever you go. Thankfully, there are various defenses you can use in your case. 

After a domestic assault accusation, it is imperative to contact a criminal defense lawyer Knoxville, TN. The sooner an attorney looks into your case, the sooner they can build up legal strategies to make you win. 

Defenses used in a domestic assault case

1. The other party is lying. 

The defense that the other party is lying is valid. Separation often brings out the worst in people, and spouses may put false allegations of assault for full custody of the child or get a bigger share of the assets. Your attorney can help you prove this defense with valid evidence. 

2. You were defending yourself. 

One common defense is the defendant acting in self-defense. Your attorney can prove that the plaintiff was inflicting harm upon you, and it became necessary for you to exercise reasonable force to protect yourself. In this attempt to protect yourself, the other party got injured. You could also raise the argument that you were trying to defend another party other than yourself. 

3. You have an alibi. 

Having an alibi is a pretty straightforward argument. If your attorney successfully proves that you were not present at the location of the alleged incident during the time stated by the plaintiff, you can win your case. To prove this, you could take help from witnesses who were present with you when the alleged incident happened. 

4. You were on medication.

Certain medications can have adverse effects on the human brain and lead to behavioral issues that give birth to an unstable environment. While this defense would not prove that you are innocent, it could result in leniency in your penalties. This defense has been used countless times and resulted in success. 

5. The burden of proof is on the plaintiff. 

You are innocent until proven guilty. You and your attorney do not necessarily have to prove your innocence. The burden of proof falls on the prosecutor to prove you guilty with proper evidence. Further, your attorney can also question the credibility of the plaintiff’s witnesses and evidence. 

An accusation of domestic assault can cause you a great deal of stress. Rather than stressing about your situation and talking to your friends about how to get out of it, you should contact an attorney.