Domestic violence charges can have a significant impact on your life in more ways than one. Not only might the criminal penalties for a conviction be severe, but you might be labeled as an “abuser” within your community, leading to shame, humiliation, and social ostracization. Your attorney can go over your case and determine what defense strategies might be helpful.
Domestic violence charges may be assessed against someone if they are suspected of committing an act of violence against family or household members. This may include spouses, partners, children, and others. How we fight the charges depends on the facts. For example, if there is insufficient evidence to convict, we can highlight the lack of evidence against you. If the alleged victim is lying about the abuse, we can come up with evidence to expose the lie. Your attorney can help you determine which methods will help you the most.
Get a free, private case assessment by calling our Philadelphia domestic violence defense lawyers at The Law Offices of Lloyd Long at (215) 302-0171.
When Domestic Violence Charges Might Apply in Pennsylvania
You have probably heard the term “domestic violence” repeated on the news, in newspapers, or even on TV and in movies. While most people are familiar with the concept of domestic violence, many do not realize that it is not an individual crime. Instead, domestic violence is sort of like how criminal offenses are labeled when they involve certain kinds of people.
According to 23 Pa.C.S. § 6102(a), domestic violence typically involves household members, including spouses, non-married partners, children, and other family members. On top of that, the victim of domestic violence does not have to be someone you are currently romantically involved with. Former spouses and partners or even people you are not in a relationship with but share children with may be included. If certain violent crimes are committed against these household members, you could be facing domestic violence charges.
Again, domestic violence is not a criminal offense in and of itself. However, when crimes are labeled as acts of domestic violence, the charges may become more severe. The grading of the offense might increase, or potential penalties might become harsher. There are also other implications. People convicted of domestic violence offenses often have to surrender all their firearms, as they can no longer legally own or carry them. Talk to our Northeast Philadelphia criminal defense attorney about how to protect your rights going forward.
How to Fight Domestic Violence Charges in Pennsylvania
Fighting charges of domestic violence is incredibly important but also very challenging. First, being accused of domestic violence can sully a person’s name in their community. People accused of such behavior often face intense backlash from friends and other family members. Additionally, juries are often more inclined to convict when domestic violence is involved because of the heinous nature of the charges. As such, you must discuss effective defense strategies with your lawyer.
Insufficient Evidence
The prosecutor handling your case must prove the charges beyond a reasonable doubt. This is a very high burden of proof. Even minor holes in evidence might be enough to prevent a jury from convicting. One important issue to discuss with your lawyer is whether the prosecutor has enough evidence to meet this burden of proof.
You would be surprised to learn how many cases are thrown out because prosecutors moved forward without enough evidence. We might be able to file a pretrial motion to dismiss the case for lack of evidence, meaning your case ends before it gets a chance to begin. Even if the court does not grant such a motion, we might have a good chance of convincing the jury that there is simply insufficient evidence to convict you. Remember, evidence is everything in a criminal trial.
Someone is Lying
Domestic violence cases are known for being turbulent and volatile. The people involved are often romantically entangled, share kids, and live together. It is not unheard of for one person to accuse the other of domestic violence as the relationship sours. This might be a way of getting back at you for some argument or disagreement. It might instead be a ploy for something more.
Are you going through a divorce or a child custody battle? Sometimes, former partners or spouses lie about domestic violence in the hopes of getting more assets out of a divorce or to get full custody of children.
All evidence, including testimony from the alleged victim, must be heavily scrutinized. This is how courts operate. It is often difficult for supposed victims and witnesses to maintain the lie on the stand. Lies often fall apart before the case even reaches a courtroom. If you are certain someone is lying, we can determine how to expose the dishonesty and get to the truth.
Your Relationship with the Victim
We should also examine your relationship with the alleged victim. Remember, domestic violence involves people who are household members, are romantically connected, share children, or have some other close or familial relationship. If this relationship is not present, you should not be charged with domestic violence.
For example, perhaps the victim is not a current or former partner but an acquaintance you know through mutual friends. If they are acquaintances and nothing more, domestic violence should not be a factor in your case, no matter what allegedly happened between the two of you.
How to Prepare Your Defense to Domestic Violence Charges in Pennsylvania
Your very first step in preparing a defense is to call a lawyer. Your attorney can help protect you from law enforcement, who might try to pump you for more information they can use against you. Your attorney can also guide you through the criminal justice process, advise you of your rights as a defendant, and work to make sure you are afforded the best defense possible.
A lawyer is especially necessary in domestic violence cases because there is more legal red tape. You might be dealing with protection orders that prevent you from contacting the alleged victim. The charges also might interfere with your ability to see children you share with this person. Not only that, but you might also have to surrender firearms if you have any. If you do not have a lawyer, it might be difficult to comply with all these orders and rules, and you might inadvertently land in more trouble.
Contact Our Pennsylvania Domestic Violence Defense Attorneys
Get a free, private case assessment by calling our Philadelphia criminal defense lawyers at The Law Offices of Lloyd Long at (215) 302-0171.