What are the Legal Consequences of Domestic Violence Charges?

When domestic violence is reported, law enforcers must take legal action to protect the victim and hold the perpetrator accountable for their wrongful act. The legal consequences of a domestic violence charge upon conviction can be life-changing, affecting your life and future on many fronts.

Criminal defense lawyers in Colorado Springs explain that a conviction may result in:

  • Hefty fines
  • Probation
  • Mandatory counseling and anger management programs
  • Imprisonment
  • Restraining orders
  • A combination of these penalties

Apart from the criminal consequences of a conviction, you also risk collateral consequences such as loss of gun ownership rights, loss of child custody or visitation rights, and negative impacts on future employment opportunities. With so much at stake, it’s crucial that you aggressively defend yourself against the charges with the help of skilled lawyers.

How Can Lawyers Defend Me Against Domestic Violence Charges?

When facing domestic violence charges, it’s in your best interests to consult experienced Colorado Springs domestic violence defense attorneys. They can evaluate the police report and witness statements to determine the most suitable defense strategy. Once they study the police report, they can assess the following crucial factors:

  • What you told the police about the incident, and whether there is a 911 recording that supports or challenges that information
  • Whether other people witnessed the incident and if their account supports your claims
  • Your emotional and the victim’s emotional state at the time of the police interview
  • The extent of the victim’s injuries and how recent they are
  • Whether there are past reported incidents of violence filed against you by the victim or other people
  • Whether the home shows any signs of physical struggle
  • Whether the law enforcers’ observation of the scene contradicts what you say about the events

Based on their interpretation of these factors, your domestic violence defense attorneys in Colorado Springs will conclude whether the charges are minor or major. From this viewpoint, they can create a strong defense strategy for the most favorable outcome.

What Defense Strategies Can I Use in a Domestic Violence Case?

There are several common defense strategies that domestic violence defense lawyers in Colorado Springs use in domestic violence cases, depending on the specific facts:

Self-Defense

You can claim self-defense if you demonstrate that your actions were meant to protect you and others from imminent harm or bodily injury. Your lawyers can help you establish the following elements to assert self-defense successfully:

  • Reasonable belief: You must show that you genuinely believed that you or another person was in immediate threat of harm or violence.
  • Proportional response: You must demonstrate that the force you used to defend yourself against the perceived threat was proportionate and necessary to protect against the perceived immediate harm.
  • Lack of aggression: It’s crucial to show that you didn’t initiate the violence or provoke the other person

Some evidence that may support your self-defense claims are photographs of your injuries, witness testimonies, medical records, or any documentation that corroborates your claims.

False Accusations

It could be possible that your accuser lied about you to get even or for other malicious intentions. If your lawyers advise you to use false accusation as your defense, they can seek to establish the following:

  • If the victim’s injuries support your version of the story
  • Whether there are inconsistencies between the victim’s story and the crime report

False accusations are common in divorce and child custody cases. If you’re in the middle of a contested divorce or child custody case, your lawyers could investigate your accuser’s intention in falsely accusing you in relation to the divorce case.

Wrong Suspect

Police officers rarely show up in time to witness an assault or the whole argument, and they may arrest the wrong person based on witness interviews. In some cases, they may charge the victim instead of the abuser, especially when the truth in the case is against common gender role assumptions or your physical appearance (when the abuser has a smaller physical frame than the victim).

Your lawyers could refer to records of past domestic violence instances and domestic violence reports by medical professionals to prove that you have been the victim and not the perpetrator. They could also argue that you acted in self-defense.

Lack of Evidence

Prosecutors in every criminal case must show beyond a reasonable doubt that the crime happened. They must present compelling evidence that supports their claims, and just because someone claims you abused them doesn’t mean it’s true.

Aggressive domestic violence defense attorneys in Colorado can poke holes in the prosecutor’s claims to cast doubt on the charges. They can look for inconsistencies in the charges and evidence or weaknesses that water down the allegations. Other strategies entail questioning the credibility of witnesses and the reliability of scientific or forensic evidence.

Lack of Intent

Your lawyers could also argue that the act of violence against the victim was unintentional or accidental. The defense may apply in situations where you had no intent to cause harm. Evidence such as expert opinions or witness statements may work in your favor to support your claim that the incident was due to a misunderstanding, accident, or misinterpretation.

An Experienced Criminal Defense Attorney Helping You Beat Domestic Violence Charges

Being convicted of domestic violence can be devastating because the consequences can be life-long. Don’t overlook the importance of having skilled Colorado Springs criminal defense lawyers by your side to defend you against the charges. They can formulate an effective strategy based on the circumstances of the case.

The legal team at The Lux Law Firm can aggressively defend you against domestic violence charges to protect your rights and future. Our lawyers understand how the prosecution side works and can help you work around the complexities of the criminal system. Avoid going to battle alone, as a lot is at stake. Call us at 719-451-7469 for a FREE case evaluation.