One thing that we can all agree on is that families can be at times complicated. Couples may fail to agree on certain issues, which may result in quarrels and disagreements. However, at other times quarrels may get heated resulting in things getting out of hand. In such a case, one partner may get carried away and the commotion may cause the neighbors to call the police on you.
When this happens, the police will answer the call and come arrest the person causing the violence. If you are the perpetrator, chances are that the police will charge you with domestic violence. The police have the right to charge you even if the said victim has not pressed for charges.
After the arrest, it is the duty of the prosecutor assigned to your case to determine whether to proceed with the case. This is after careful analysis of the facts, evidence, and reliability of the witnesses presented before them. While all this is happening it is always advisable and also within your rights to request for your own lawyer. In this scenario you will have been accused of domestic assault, hence it is wise to hire an attorney that specializes in this field.
Prosecution Tactics Used In Domestic Assault Cases
When dealing with cases of domestic violence, it is important to understand the common tactics the prosecution may use against you. This may help you understand the approach to use for your defense.
- Violence cycle
In the event that you have been accused of any event of domestic violence, the prosecution may try to use it to their advantage. The case must not have been reported to the police. It may be as little as a violent act to your partner in the past. Therefore, the prosecution must not present any evidence to support these claims. Their aim is to paint an image of a violent person to the members of the jury.
- Previous criminal records
A common prosecution tactic is using your past negative record against you. The idea here is for the prosecution to convince the court that you are a person capable of being in the wrong. Therefore, if in the past you have had felony charges brought against you, the prosecution may use this. The idea is for them to present your attorney with an uphill task of proving your innocence to a jury that already sees you as guilty.
- Evidence
In most cases the cases are usually characterized by “he said/ she said” situations. Therefore, if the prosecution has some reliable evidence against you they will definitely present it before the court. Their aim will be to collaborate the witness’s statements with the evidence in their possession.
Legal Consequences of Domestic Assault Charges
Depending on how much the prosecution manages to press their case against you and the defense presented by your attorney, there are several conclusions a judge may arrive at. The following are some of the verdicts you can expect:
- Dismissal of the case
- Probation
- Fines
- Jail time
- Restraining orders
The most important thing to note is that domestic assault is a serious crime if you are found guilty. It is a crime capable of bringing some serious jail time to you. Therefore, it is imperative that you don’t take anything lightly and hire yourself a reputable criminal defense attorney.