Domestic assault and battery charges are something that many criminal defendants face. Whether there is some truth to the allegations against you or if you stand falsely accused, if you are being charged with domestic violence, you need to get into touch with an experienced Massachusetts criminal defense lawyer immediately. There are a number of different ways to to approach domestic assault and battery charges, and below are a few ways that your domestic violence defense lawyer might approach your case.
Common Ways to Fight Domestic Assault and Battery Charges
Getting the Charges dismissed. One of the first things your lawyer might consider is seeking a motion to dismiss your criminal charges before your case goes to trial based on a legal technicality. There may have been defects in the charging document, or the prosecution might not have clearly indicated your offense or might lack sufficient evidence upon which to convict. Each of these situations can be the basis for a pretrial motion to dismiss your criminal case. Your criminal defense lawyer will analyze your case and decide if a motion to dismiss is appropriate in your domestic assault and battery case. When a motion to dismiss is successful, the domestic violence charges that are pending against you are dropped.
Present Evidence That There Was No Domestic Assault or Battery. Sometimes when police make an arrest for domestic violence allegations, they unfairly side with the supposed victim. That leaves you facing domestic violence charges, and fighting an up-hill battle against the prejudices commonly associated with those who stand accused of perpetrating acts of domestic violence. But a skilled criminal defense lawyer will be able to review your case and collect the relevant evidence to argue that the police got the facts wrong when they made your arrest.
Present Evidence of False Allegations. Sometimes a significant other or family member makes up allegations of domestic violence to get a partner or family member into trouble with the law. While this is a horrible thing to do to someone, it happens more often than it should. When a defendant stands falsely accused of domestic violence, a good lawyer will identify ways to demonstrate to the court that the alleged victim falsified their claims and made up the accusations of domestic violence. This can be challenging since many cases of domestic violence are effectively a battle of “he said, she said.” If there is evidence that can support your position, then your lawyer will find it and do their best to get your charges reduced or dropped completely.
Contact a Massachusetts Criminal Defense Attorney
When you are facing domestic assault and battery charges, you need the help of an experienced criminal defense lawyer.