Here are some defenses to domestic violence charges:
- The allegations against you are false and were reported to either gain an advantage or to punish you
- You did not intend to make physical contact with someone else (it was accidental contact)
- Your legal rights were violated at some point when you were denied due process
- Your actions were in self-defense or in defense of another person
Police often err on the side of arresting someone when they are called to the scene of a domestic dispute. They have a limited amount of time to assess the situation and the credibility of the person complaining. Police are often worried that the failure to do something may come back to hurt them in the future, especially if something does happen.
Therefore, they may arrest first and ask questions later. Many of the details then end up being sorted out as the prosecutor decides whether and how to charge the defendant.
When you have been charged with domestic violence, you may face a stigma in the legal system. While every individual is equal in the eyes of the law, and you have legal rights, it seems like there is often a rush to convict people accused of domestic violence. However, facts matter in these cases, and you have your own right to have your side of the story heard.
The first thing you need is an attorney who recognizes that everyone deserves a strong legal defense and will handle your case without any judgment. You should hire a Winston-Salem domestic violence attorney early in the process. Otherwise, the criminal justice system can overtake you in a rush to judgment.
