Possible Domestic Violence Defenses
May 31, 2022
Domestic violence is an ongoing, hotly-contested issue throughout the United States, and Pennsylvania is no exception. Over the last year, there were 109 deaths relating to domestic violence according to statistics from the Pennsylvania Coalition Against Domestic Violence. However, there are instances that domestic violence charges stem from false or exaggerated claims, or they can come from misunderstandings. If you’ve been charged with a domestic violence charge and you believe you’re innocent, it’s important to get the support you need. These charges can have serious consequences. The ramifications of a domestic violence accusation can significantly affect your life, even if you are not convicted.
In this situation, you need an experienced, capable defense attorney to protect your rights. My firm, Allegheny Attorneys at Law, P.C., fiercely advocates for clients faced with domestic violence charges, making sure to provide you with the best possible defense. From my Pittsburgh office, I proudly serve clients throughout the area, including Shaler Township, Ross Township, Fox Chapel, O’Hara Township, Penn Hills, Oakmont Borough, Indiana Township, and Aspinwall.
Domestic violence is a serious crime. Violence, assault, threats, stalking, and involuntary manslaughter, and reckless endangerment all count as forms of domestic violence, and there are serious consequences. Domestic violence is a type of crime where violence is committed against a family, a partner, a cohabiting individual, or between people that share a child, and it ranges from a felony to a misdemeanor.
It’s important to understand your rights when accused of domestic violence. An individual can be arrested without a warrant if the officer has reasonable, probable cause. The purpose of this is to create the safest space possible for everyone involved, but if the arrested individual is innocent, that can be an overwhelming experience.
Possible Defenses Against
Charges of Domestic Violence
While domestic violence is serious, it is also one of the most defensible charges because arrests are often made with minimal evidence. It’s imperative that you speak with a domestic violence attorney before agreeing to a plea deal or speaking. You have the right to remain silent, and it’s a right you should exercise. An experienced attorney can help you explore other options.
It’s a False Accusation Entirely
When a domestic violence accusation is made, police immediately begin their investigation. The goal is to keep everyone safe, but when arrests occur without a completed investigation, it’s possible that the allegations are false.
When a false claim occurs, the reasons behind the allegation aren’t as vital as the results. Sometimes, they’re made for an individual to gain something, and sometimes it’s due to retaliation or revenge. Whatever the reason, if it’s false, it’s important that the truth comes out, and a lawyer can help you share your voice.
Self-defense is a common reason for accused charges, but there are a few things to understand about self-defense. First, a defendant has to admit to their own acts of violence. Second, there needs to be proof that the other person was the aggressor. And self-defense can’t come from a simple argument–there should be a reasonable belief that there was an impending threat towards you or a child.
Lack of Intent
Lack of intent refers to an accidental occurrence that injured another person, while domestic violence includes knowing causing physical harm. If a defendant had no intention of injuring the other person, or it was a genuine accident, domestic violence charges can be lessened or discharged.
De Minimis Infraction
A de minimis literally means “too insignificant to merit intention.” Essentially, it’s set in place to avoid wasting court time. In a domestic violence case, if there’s proof that the occurrence caused minimal or no harm, the judge may decide it’s a de minimis infraction.
Skilled & Compassionate Advocacy
Each client of Allegheny Attorneys at Law, P.C. benefits from Attorney Marc Taiani’s unique experience and ability. Regardless of whether you’re being charged with a misdemeanor or felony offense, the penalties of a domestic violence conviction can affect you throughout your life and keep you from taking advantage of specific opportunities. If you are facing a domestic violence charge in Shaler Township, Ross Township, Fox Chapel, O’Hara Township, Penn Hills, Oakmont Borough, Indiana Township, and Aspinwall; contact my Pittsburgh office today to set up a consultation.