Common Defenses To Domestic Violence Charges

Self Defense

Under the law you can use reasonable force to protect yourself from an attack – even if the attacker is your wife, husband, girlfriend or boyfriend. Generally something happens in the relationship that leads to the assault or battery against the spouse. It is common for one spouse to use violence first against the other spouse by hitting, kicking, spitting, pinching, slapping and such. When the other spouse reacts to that by pushing or even hitting the other spouse to get away, the law requires the jury to find the person charges not guilty.

False Allegation

Many times one spouse get so angry at the other spouse that they will lie to the police about being assaulted so the other spouse gets in trouble. A jealous or angry spouse can make up allegations where the parties are going through a divorce, having child custody issues or have been caught having an affair. Tai C. Bogan has on multiple occasions either had cases dismissed or received a not guilty verdict from the jury where the accuser has made false allegations. The dismissals and victories at jury trial are possible even when the accuser spouse testifies that you had hurt them.

False Identification or Poor Eyewitnesses Testimony

False ID and Poor Eyewitnesses Testimony is ripe area of cross examination and are for investigation. Eyewitnesses commonly make mistake when observing an event. Things such as lighting condition, distance from the event, whether the witnesses requires glasses, are things that can be explored to undermine the prosecutor’s theory of the case.