What You Need to Know About Your Domestic Violence Charge:
Unfortunately, domestic violence involves some form of aggressive behavior toward another individual in a household. Criminal charges of domestic violence are some of the most common in the state of Indiana, and the penalties from a conviction can be serious. If you are charged you can expect lifechanging consequences including:
- Jail time
- Restraining/protective orders
- Large fines
Additionally, a conviction can severely impact your life leaving you with a criminal record for a lifetime, which will severely impair your ability to find employment.
We are to help you through the challenges you might face along the way. As your attorney, we handle every aspect of your defense and will work tirelessly to protect your rights throughout the entire criminal process.
Can the State Prove Domestic Violence?
It’s one thing to accuse someone of a crime, it’s another thing to prove it. The most common crimes charged in a domestic violence court are:
- Domestic battery
- Strangulation
- Criminal confinement
- Intimidation
- Invasion of privacy
- Interfering with the reporting of a crime
Each of these crimes has specific elements that the State of Indiana must prove beyond a reasonable doubt in order to convict and sentence an individual. But what happens if it’s just two people and no other witnesses? What if it’s a “he said/she said?”
Can someone be convicted of domestic violence based on one person's testimony
Contrary to popular belief, a person can be convicted on the basis of just one person’s testimony. She said he hit her. She said that his injuries were self-inflicted. No other evidence was uncovered by either side. Do we call that a tie and throw the case out? Not necessarily. This is what attorneys sometimes refer to as a “credibility contest.” And, if the alleged victim wins that contest, leaving the fact-finder firmly convinced in her side of the story, then the defendant may be convicted and sentenced.
Details Matter in Domestic Violence Cases
This is why, when it comes to domestic violence cases, the details really matter. The history and dynamic quality of the relationships involved matter. The photos matter. The text messages. The shifting stories and motivations to lie. At the Law Office of Jesse K. Sanchez, your attorney will know how to investigate and look for those details that affect credibility. For a more detailed discussion of domestic violence charges, contact me.
Self Defense Domestic Violence Defense
One of the most important things your attorney can do for you is to analyze the facts of your case to determine which defenses apply. In the area of domestic violence, the most common defense to a domestic violence charge is to assert the self-defense defense. Using self defense as a strategy can be very technical. However, there are other defenses available to someone charged with domestic violence.
Common Defenses Against Domestic Violence Charges
When defending domestic violence charges for our clients we utilize several different defenses to protect our clients freedom. Though self defense may be the case, often, proving self defense can be difficult to prove.Some of the common defenses used as a domestic violence defense strategy are:
- Wrong Suspect
- At times some of the details of the battery are just plain wrong. If you were nowhere near when the crime occurred, and you can prove a strong alibi, then we have a potential defense.
- False Accusation
- Let’s face it, in the world of domestic violence, there are times when the crime never occurred. This happens frequently in “messy” break ups.
- Insufficient Evidence
- The wonderful thing about our criminal justice system is that the prosecution needs to prove that a crime needs to be proven without a shadow of doubt. If the prosecution is unable to prove that a crime happened, then an acquittal will need to occur.
At The Law Office of Jesse K. Sanchez, we are an experienced criminal defense law firm that will examine all of the merits of your case so that all applicable defenses are asserted. To learn more about your possible defenses to domestic violence charges, call our office at (317) 721-9858 today.
What About the Victim?
Crimes of domestic violence are rarely simple. By definition, they involve a history and relationship between at least two parties. Often, whole families are traumatized in the prosecution of a domestic violence crime. Unfortunately, domestic violence prosecutors sometimes fail to recognize what’s truly at stake. Does the alleged victim rely on the defendant for support? Does the victim want to drop charges or feel that they, themselves, are at fault? Will children be affected by a long prison sentence?
Can the Alleged Victim Dictate the Outcome?
While a victim cannot dictate what happens in a case, an investigation into the viewpoint of the alleged victim is vital to preparing a full-throated defense and for seeking a just resolution. At the Law Office of Jesse K. Sanchez, your attorney will investigate each matter fully, including the victim’s perspective. To learn more, call a criminal lawyer in Indianapolis.
Know the Collateral Consequences
It is an absolute fact that judges both have the authority to impose harsher prison sentences and financial penalties under certain circumstances and they often do. Especially when the victim was a child or senior citizen. Having multiple domestic violence convictions will also result in much harsher criminal penalties. Additionally, you can expect for probation requirements to be equally if not more stringent, often mandating intensive outpatient treatment for drug and alcohol abuse as well as anger management classes.
In addition to all potential criminal penalties that exist, defendants of domestic violence cases need to consider the possible career impacts of a conviction. A plea of guilty or no contest will result in a paper trail that, in spite of Indiana expungement law, can almost never be completely expunged from your record. A domestic violence conviction will most certainly impact any process where a criminal background check is required, from finding employment with a new company to obtaining a lease agreement. To protect yourself against a permanent stain on your record, it is important to speak to a domestic violence lawyer before entering any sort of plea agreement.
Under Indiana and federal law, a crime of domestic violence has a very specific, technical definition. If you’ve been charged with a felony crime of domestic violence, there are several additional consequences. You need an attorney who understands the nuances of that definition in order to help you avoid the pitfalls and consequences that come along with a conviction.
Your Domestic Violence Defense Lawyer
If it comes down to the time when you need a domestic violence attorney, there’s one choice. Pick one of the best domestic violence defense attorney’s in Indianapolis, Indianapolis criminal defense lawyer, The Law Office of Jesse K Sanchez today. Call our office now at (317) 721-9858 or email us now!
