BATON ROUGE DOMESTIC VIOLENCE LAWYER
Domestic violence cases are some of the most emotionally draining cases a defendant can go through. People charged with this crime face jail time, restraining orders, loss of custody of children, and large fines. These cases are usually prosecuted aggressively. This is why it is important to retain a skilled criminal defense attorney as quickly as possible so that a vigorous defense can be built.
WHAT IS DOMESTIC VIOLENCE?
Domestic abuse battery is the the formal charge in domestic violence cases. It is defined as the intentional use of force or violence committed by one household member or family member upon another household member or family member.
- First conviction: Not less than 30 days and not more than 6 months imprisonment
- Second conviction: Not less than 60 days and not more than 1 year imprisonment
- Third conviction: Not less than 1 year and not more than 5 years imprisonment
- Fourth conviction: Not less than 10 years and not more than 30 years imprisonment
Domestic battery can be difficult for the prosecution to prove beyond a reasonable doubt. Oftentimes, the victim is unwilling to testify, which greatly harms the prosecution's case. Even when the victim does testify, it largely comes down to one person's word against another's. A skilled criminal defense attorney can create reasonable doubt by exposing the accuser's bias, their role in the alleged altercation, and their true motivations for bringing these accusations. In these cases, there are always two sides to the story.
It's possible that your partner is lying out of anger with you or in a bid to get even with you. This also can happen in divorce/child custody cases where one partner will fabricate abuse in an effort to get custody of the children. These cases can sometimes come about because of a spiteful spouse or overblown allegations.
You have a right to defend yourself and your children. A claim of self-defense may work if the defendant reasonably perceived an imminent threat, had a proportional response, and was not the initial aggressor.
Lack of Proof
This defense essentially pokes holes in the prosecution's case such that they cannot prove their case beyond a reasonable doubt. This defense is especially effective if there is an absence of injury or lack of corroboration from others. Due to the lack of evidence in many domestic violence cases, this remains a very effective defense.
IF YOU ARE FACED WITH A DOMESTIC VIOLENCE CHARGE
Domestic violence charges require dedicated legal representation. Those facing a domestic violence charge are typically under tremendous stress; not only are they facing a criminal charge, but they also are experiencing severe issues at home. I understand this is a tough time and will work to do everything in my power to obtain a swift and favorable outcome so that you may put all this behind you and get back to your life