What if You Were Defending Yourself When Accused of Domestic Violence?
Domestic violence charges may carry extremely harsh penalties. Some people may be charged even though the supposed victim was the initial aggressor. If you were defending yourself, an attorney can help you develop a strong defense in court.
Many cases involve physical and even sexual abuse from a spouse or partner. In some cases, defendants used force against a partner, spouse, or other household member only because they were protecting themselves from immediate harm. Even so, the police do not always see the signs of self-defense, and you could be arrested and charged. Talk to your lawyer immediately if you were acting in self-defense.
Get a confidential legal assessment from our domestic violence defense lawyers by calling the Law Offices of Smith & White at (253) 203-1645.
Can You Claim Self-Defense if You Are Charged with Domestic Violence?
Domestic violence often involves the use of force and serious injuries, but not every defendant is an “abuser.” Many were only defending themselves against the person who is now claiming to be the victim.
How to Claim Self-Defense
The statutory requirements for self-defense will vary from state to state. However, self-defense in general requires that we prove…
- You were not the initial aggressor,
- You reasonably believed that the alleged victim meant to cause imminent harm to you, and
- Your force against the other person was proportional to the force you believed they were going to use against you.
Self-defense often does not work when both parties are mutually fighting. Not only that, but it may not work if your force was out of proportion to the situation. For example, using deadly force when someone slaps you would not qualify as an act of self-defense.
Self-Defense as an Affirmative Defense
Self-defense is an affirmative defense. Defendants do not deny that they used force against the alleged victim. Instead, they assert that their actions were justified under the circumstances, and we must present evidence to prove as much.
Additionally, you do not have to prove beyond a reasonable doubt that you acted in self-defense. You need only present enough evidence to sufficiently raise the issue. Once this defense is raised, the prosecution has the burden of proof to disprove it.
If successful, self-defense claims may negate criminal liability, and you should not be found guilty of the domestic violence offense.
Importance of Documentation
It is crucial that you document everything to the best of your ability.
- Save any private home security footage videos.
- Take photos of your injuries and any property damage.
- Get immediate medical care and request copies of medical records.
- Speak with witnesses who were present during the incident and obtain their names and contact information if you do not already have it.
What Evidence Should You Have to Prove Self-Defense in a Domestic Violence Case?
Claiming that you acted in self-defense in a domestic abuse situation is only the first step. Next, we must produce evidence to support your claims.
Proof of Force
We need proof that the alleged victim either used force against you or was about to when you acted in self-defense. We must prove more than more threats. Even if the alleged victim did not ultimately hurt you, we must show that you reasonably believed they were capable of doing so and were going to before you defended yourself.
Proof You Were Attacked First
We need to prove that the alleged victim is actually the aggressor. A key element of self-defense is that the other person attacks you first, placing you in imminent fear for your safety.
Evidence of a weapon or deadly instrument used by the other person may be crucial to your defense. Otherwise, your testimony and other evidence from the scene of the domestic violence incident may be used to prove force.
Testimony
Witnesses might testify that they saw the alleged victim attack you first. Other witnesses might testify that they have personally witnessed the alleged victim being physically abusive toward you on many occasions in the past, thereby establishing a pattern of behavior.
Depending on the situation, you may need to testify, too. It is not always advisable for defendants to testify in criminal cases, as it leaves them vulnerable to cross-examination. However, if your self-defense claims are strong, it may be a good idea to testify.
Medical Records
During the discovery phase of the case, our Lakewood criminal defense lawyers may request copies of the alleged victim’s medical records regarding their supposed injuries. A medical expert may determine whether their injuries are consistent with abuse or if they are even serious enough to warrant criminal charges.
Your medical records can help us prove that you were the one who was hurt and that you acted in self-defense. In fact, many injuries are considered defensive wounds and might occur only when someone is defending themselves.
Video Footage
Many homes today have private security cameras. Even small doorbell cameras may record high-quality videos. Domestic violence situations often occur in the home, and private security cameras may have recorded the incident. If video footage of the incident exists, we need to gather it immediately.
Possible Challenges When Claiming Self-Defense in a Domestic Violence Case
Again, domestic violence cases can be very tricky to navigate. Even with evidence on our side, there are certain difficulties we should anticipate and plan for.
Opposing Witnesses
The prosecutor will likely present testimony from the alleged victim and multiple opposing witnesses. Testimony in domestic violence cases can be very powerful and can sway the jury against you.
In some cases, witnesses are not exactly honest. They may be encouraged to lie by the alleged victim, or they may lie of their own accord.
Emotional Arguments
Domestic violence cases are known for being highly emotionally charged. Even if the evidence against you is not very strong, a jury may be inclined to believe a sympathetic victim.
To overcome the emotional impact of the prosecutor’s claims, we need very strong evidence and hard facts to support your arguments.
Lack of Evidence
In the moment, defendants are probably not thinking about facts and evidence. If you acted in self-defense, your top concern was likely to protect yourself, not gather evidence.
As such, it is somewhat common for evidence to be difficult to come by. Even so, your attorney can help you investigate for evidence and build the strongest case possible with what you have.
Is Self-Defense Typical in Domestic Violence Cases?
Defenses to domestic violence can vary greatly based on the circumstances, but self-defense is a somewhat common claim. Many situations involve highly volatile relationships in which one person must suddenly fend off their spouse or partner.
What to Do if Opposing Witnesses Are Dishonest?
Dishonest witnesses are unfortunately more common than people realize. If the opposing witnesses are lying on the stand, we can try to catch them in their lies during cross-examination. Often, witnesses do not fully think through their lies, and their stories quickly fall apart before they even leave the witness stand.
What Should You Do After Being Arrested for Domestic Violence?
If you are arrested for domestic violence, remain silent and avoid answering any questions from the police about the alleged incident. Demand to call a lawyer as soon as possible. The more you talk to the police, the more evidence they might have to use against you.
Contact Our Domestic Violence Defense Attorneys to Discuss Your Charges Immediately
Get a confidential legal assessment from our Washington criminal defense lawyers by calling the Law Offices of Smith & White at (253) 203-1645.