10 Defenses That Can Be Used to Challenge Domestic Violence Charges That May Lead to Dismissals or Mitigated Sentencing

Defending Domestic Violence Charges – Misdemeanor and Felony

Common defenses for Misdemeanor Domestic Violence and  Felony Domestic Violence charges are basically the same.  However, since Felony Domestic Violence charges carry prison sentencing, (Misdemeanors do not)  the level of defense that is most critical, if a person is convicted, is the sentencing phase.  Since prison terms apply and prison terms can be lengthy,  the best criminal defense attorneys will tenaciously look for mitigating factors to present that will reduce the prison sentencing terms.  Depending on the circumstances in some cases, the defense attorney may be able to get the charges reduced to Misdemeanor, so that prison sentences may not apply and be avoided completely.

10 Defenses for Felony/Aggravated Domestic Violence Charge 

Every case is unique in circumstances that involve aggravated domestic violence charges.  Below are some of the most common defenses used to defend aggravated domestic violence offenses:

1. Self-defense;
2. Victim provoked the defendant with aggression, violence, threats or intimidation;
3. You were protecting a child or vulnerable adult who could not protect themselves;
4. The incident was an unintentional accident;
5. Lack of witnesses or no eye-witnesses to testify;
6. Conflicting or False allegations;
7. Lack of witnesses, raise “reasonable doubt”;
8. Lack evidence raises “reasonable doubt”;
9. Victim’s injuries were self-inflicted;
10. Constitutional Rights or Miranda violations by police

These are just examples of common defenses that may apply. Defenses are tailored to the specific details surrounding the charges.