Domestic violence charges can be one of the biggest harms to your reputation, plus they can land you in jail for an extended period and involve expensive fines. Many of these charges are for serious offenses, and the fact that they are related to domestic violence makes them even more serious.
If you were charged with a domestic violence offense, our lawyers can help defend you in court and protect your rights. Challenging evidence, fighting strict bail, and potentially getting your charges reduced will be just part of our job – and if we can get the charges dismissed entirely, we will fight to do so.
For a free review of your case, call our domestic violence defense lawyers today at Overson Law by dialing (801) 758-2287.
Defenses to Domestic Violence Charges in Layton, UT
In many domestic violence cases, there are some serious flaws with the case that can help us get charges dropped or reduced – or at least get the “domestic violence” aspect of them removed. Since domestic violence cases often have stricter rules about pleas and reporting/assessments – as well as increased penalties for repeat violations – simply getting the “domestic violence” label taken off your charges can help your case quite a bit.
Challenging Alleged Victim’s Story
So many domestic violence cases fall into the category of a classic “he said, she said” situation. Often, the evidence of the crime comes from the alleged victim’s testimony, and there may be nothing further to back up what they say. We live in a culture where believing victims is important, and so it often is not in your best interest as a defendant to simply call your partner a liar, but it is still possible to put holes in their story, call into question their recollection of the facts, and reduce the effectiveness of their evidence against you.
Playing on Prosecutor’s Weak Case
In many cases, prosecutors will be hesitant to bring domestic violence charges in the first place if there is limited evidence, and even when there is sufficient evidence to bring the charges, there might not be enough evidence for them to confidently stand up in court before a jury. This could ultimately lead to plea deals or reduced charges.
Show Alleged Victim’s Bias
Many domestic violence allegations involve partners who are going through a tough time and are both making serious mistakes in how they treat their partners. There is often a bias against male defendants, but it is possible that the wife or girlfriend claiming abuse has committed acts of domestic violence, too. Introducing evidence of this could paint the alleged victim in a bad light and prevent them from pressing charges in the first place. Introducing evidence of their past abuses at trial could also make them a weak witness and push the prosecutor to try to resolve the case without having to put them on the stand.
In some cases, the alleged victim might also have a good reason to lie or make up stories about you. For example, if you are in the middle of a custody dispute or divorce, they may try to use false domestic violence allegations as leverage against you. Highlighting these reasons to lie could help our domestic violence defense lawyers show the court that there simply is not enough evidence to convict you.
Removing Domestic Violence Classification
“Domestic violence” is not a particular crime but rather a label of classification applied to other certain crimes when they are committed against a “cohabitant.” Cohabitant has a specific definition that includes spouses, dating partners you live with, or other adults in your household. However, it can also include people you have previously dated, lived with, shared children with, or were married to, even if you no longer live together.
Because of this, the facts about what your relationship with the other person was like are important. An ex that you no longer live with could still be a “cohabitant” for purposes of applying the domestic violence label, but it would be straining the law to call a fight with a friend you were never intimate with who stayed on your couch a few times a “domestic violence” case. Similarly, if the alleged victim thought that your relationship was deeper than it was, that should not be enough to turn an otherwise non-domestic case into a domestic violence case.
Challenges with Domestic Violence Cases in Layton, UT
Domestic violence charges have a few enhancements and additional legal hurdles that make these cases much more serious, and it is important to understand and expect these challenges when fighting your case in court.
First, domestic violence cases have increased penalties for repeat offenses. If you are convicted of one domestic violence case, then another one within 10 years will be upgraded, typically by one whole level when it comes to classifying the crime and dealing out penalties.
Second, these cases often involve strong bail requirements that might take away your firearms, kick you out of a house you share with the alleged victim, and keep you away from your children. As such, it is important to have your attorney fight not only the bail conditions but also any domestic violence restraining orders that were put in place in your case in an ex parte hearing without you. Our attorneys can challenge bail conditions and amounts in a bail hearing quite quickly, and we can demand a hearing on any ex parte protective orders within 21 days.
If you are under the effects of bail conditions or a protective order and you are accused of violating it, there are immediate actions the police can take against you, and this can lead to separate legal issues. Initial arrests for domestic violence also give police additional powers to put restrictions on you and provide the alleged victim with a “lethality assessment” to assess your danger to them.
Additionally, domestic violence cases cannot go to a plea deal without signing the plea deal in open court. These restrictions often push prosecutors away from plea agreements, as they need to explain themselves in ways that they do not have to for other charges. Because of this, removing the domestic violence label can help free up your options to accept a plea deal, among other benefits.
Call Our Domestic Violence Defense Lawyers in Layton, UT
For a free review of your charges, call our domestic violence defense lawyers at Overson Law at (801) 758-2287.
