When charges regarding domestic violence are brought up against you, your domestic violence attorney will evaluate the police report of the incident and at that point they may formulate her defense. By studying the police report, your attorney’s goal is to develop up with solution to the charges against you. Being charged with domestic violence in Indiana is a very serious offense and carries with it stiff penalties that could potentially mean serious jail time.
Defense Against Domestic Violence Charges
Based on the findings of you lawyers’ investigation, he will conclude the overall seriousness of the charges and the potential penalties that you are facing. Your domestic violence attorney will also discover if you’ve made any statements that are inconsistent with your defense or that could incriminate you. Here are some keys to a good defense against domestic violence charges.
Defenses against domestic violence
When your lawyer determines that the police report is consistent with your defense, he will gather evidence to reinforce it. Domestic violence defenses fall into several categories, and here are a few:
You did not do it
If you claim is that the victim suffered abuse at the hands of another person, your attorney will look for material to support that claim as follows:
- The lawyer will try to establish a credible alibi.
- Your lawyer will seek to establish your whereabouts at the time of the crime.
- Whether or not there’s incriminating evidence that can prove you were at the scene.
- Whether the injuries on the victim, if there are any, support your version of the story.
- Whether your story is inconsistent with the crime report.
You were defending yourself
If you assert you were without a doubt just trying to defend yourself or your kids, your lawyer will:
- Check the police report for any admission of guilt by the alleged victim.
- Check whether some of the injuries suffered by the victim suggest self-defense on your part.
- Check for defensive injuries on you.
- Compare your story to the account you gave to the police.
- Look for inconsistencies in the police report and what may have actually occurred.
Domestic violence can’t be proven against you
If your defense is that there is no proof of the allegations against you or the victim won’t testify, your criminal defense attorney will:
- Determine whether the prosecutor’s case is built around the victims allegations.
- Find out if there were any injuries on you and if so, were they only defensive injuries.
- Confirm whether or not the police report noted that the alleged crime scene had damaged property.
- Confirm the existence of physical evidence at the scene that could implicate you of assault.
- Check if you made a statement at the scene and if so, what was the statement?
Domestic Violence Charges Move Quickly
The nature of domestic relationships more often than not means that you may be sharing a home so the right to the possession of your home, the use of your home, and your general property rights will all come into play quickly. Indiana protective order hearings also occur quickly. So it’s important that you move quickly.
A Successful Defense Against Domestic Violence Charges
The success of the best defense against domestic violence defense charges will depend on the relationship that you have with your attorney. Indianapolis Criminal Defense Lawyer Jesse K. Sanchez is a lawyer that you can trust will represent your rights vigorously. If you have been charged with domestic violence in Indiana give our office a call today at (317) 743-0771 today.