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February 22, 2024READ THE POST
When you’re involved in an altercation with someone you’re in a relationship with or a relative, emotions can seem to take over. Sometimes, things go too far and that can result in a domestic violence charge.
If you are found guilty of a crime involving domestic violence in Colorado, then it can have a huge impact on your life going forward. Not only may you spend time in prison and pay fines, you could also be evicted from your home, lose contact with your kids, and be saddled with a criminal record that will follow you around for life.
For all of these reasons, it’s vital to have a solid defense against domestic violence accusations. Working with an attorney to formulate a strong defense is your best bet. While every case is unique, there are several defenses to domestic violence charges that are proven to be successful. Read on to find out about a few.
Perhaps one of the most straightforward defenses to allegations of domestic violence is that the accusations against you are simply not true.
Your attorney can help flesh out your innocence claims by looking at the case the prosecutor has and pointing out any inconsistencies, helping you to establish your whereabouts during the incident and bring forward an alibi, support your case through physical evidence (or lack of it), and compare the evidence that is available against the two versions of events from the incident in question.
Not every single injury someone sustains is due to another’s intentional actions. Sometimes, the victim is injured in a situation where the person charged had no intent to cause the injuries.
To establish this, your attorney will look at the evidence to see how it can support accidental injury and help to establish the story of how the injury occurred by accident before introducing it to the court.
Every story has two sides, and in many cases, the details of how domestic violence occurred can be very complex. There may be years of history that can add context to the altercation and that can show the person now accused of domestic violence was acting in self-defense.
If it is deemed a reasonable argument supported by facts, then your attorney can investigate your claims, establish patterns of behavior in the history of your relationship, look at police reports, and show injuries you sustained that support self-defense.
In court, you have to back up accusations with evidence. Anytime someone is charged with a crime, including a crime of domestic violence, they are presumed innocent until it is proven otherwise. The burden is on the prosecution to prove their case against you and all you need to do is cast doubt on their case.
Your attorney can help make this case and show how the evidence the prosecution has isn’t enough for a conviction.
Sometimes, the police will mishandle a case, which can be a great way to have it thrown out of court and the charges against you dropped. This is particularly true in cases where a person’s constitutional rights have been violated.
So, for example, if there wasn’t enough probable cause for arrest or the police lacked a search warrant, then any evidence gathered against you illegally can be thrown out
About the Author:
Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.
Contact The Law Office of Andrew Bryant today for a free consultation concerning your criminal or family law case. You are just a click away from a top-rated and respected team with the experience and tenacity to ensure you get the best legal services offered in Colorado Springs – call or email now.