Facing domestic assault charges can be overwhelming, but understanding the defences available can significantly impact the outcome of your case. A strong defence can lead to reduced charges or even a dismissal. It is essential to seek professional legal counsel to navigate these complex situations.
Burden of Proof
In any domestic assault case, the prosecution must prove your guilt beyond a reasonable doubt. This high standard of proof is designed to protect individuals from wrongful convictions. Challenging the prosecution’s evidence is a crucial part of building a robust defence.
General Defences for Domestic Assault and Related Offences
Domestic Assault
- Self-Defence: If you acted to protect yourself from imminent harm, demonstrating that your actions were a necessary and proportionate response to a threat can lead to an acquittal.
- Consent: In rare cases, if it can be shown that the other party consented to the physical contact. Proving that the physical interaction was consensual can negate the assault charge.
- Fabrication or False Accusation: Allegations may be fabricated due to ulterior motives such as custody battles or relationship disputes. Gathering evidence to challenge the credibility of the accuser can be pivotal in your defence.
- Lack of Intent: Assault requires intentional application of force. If the contact was accidental, demonstrating that any contact was unintentional can lead to a dismissal of charges.
Making Indecent and Harassing Phone Calls
- Mistaken Identity: Someone else may have made the calls. Providing an alibi or evidence of someone else’s involvement can clear you of the charges.
- Lack of Intent: You may have made the calls without intending to harass or offend. Demonstrating a lack of malicious intent can lead to a reduction or dismissal of charges.
- Consent: The recipient may have consented to the nature of the calls. Showing evidence of consent can negate the charge.
Criminal Harassment
- Lack of Intent: You did not intend to cause fear. Demonstrating that your actions were misinterpreted can lead to a dismissal of charges.
- Mistaken Identity: You may not be the person who committed the harassment. Providing an alibi or evidence pointing to another person can exonerate you.
- Consent: The complainant may have agreed to the interactions. Evidence of mutual consent can negate the harassment charge.
Sexual Assault
- Consent: The act was consensual. Providing evidence of consent can be a strong defence against sexual assault charges.
- Mistaken Identity: You may not have been the person involved. Presenting an alibi or evidence pointing to another person can exonerate you.
- Mistaken Belief in Consent: If you believed that the complainant consented, and this belief was honest and reasonable, it can be a defence.
Uttering Threats
- Lack of Intent: You did not intend for your words to be taken as a threat. Demonstrating that your words were taken out of context can lead to a dismissal.
- Freedom of Expression: The statement was protected speech, not intended as a threat. Arguing that your words were within your rights can negate the charge.
- Conditional Threats: The threat was conditional and not meant to be taken seriously. Showing the conditions and context can weaken the prosecution’s case.
Kidnapping and Forcible Confinement
- Consent: The person consented to go with you. Providing evidence of consent can be a strong defence.
- Lack of Intent: You did not intend to confine or kidnap the person. Demonstrating a lack of intent can lead to a reduction or dismissal of charges.
- Mistaken Identity: You were not the person who committed the act. Providing an alibi or evidence pointing to another person can exonerate you.
- Self-Defence or Defence of Others: If you acted to protect yourself or someone else from harm, proving that your actions were necessary and proportionate can lead to an acquittal.
Speak to a Domestic Assault Lawyer Today
Hiring a criminal lawyer is crucial when facing a domestic assault charge. A criminal lawyer can help build a strong defence, gather and present evidence, challenge the prosecution’s case, negotiate plea bargains, and represent you in court. If you are facing any of these charges, seek immediate legal consultation to explore your defence options and protect your future. Call (855) 585-1777 for a free consultation today.
