Facing a domestic violence accusation in Fort Worth isn’t something anyone wants to deal with, but it’s an unfortunate reality for many defendants. The legal system may seem confusing and harsh, especially if you have never dealt with it before, but it doesn’t mean your life is over and that you have no way to defend yourself.
There are real ways to challenge the accusation, and experienced criminal defense lawyers know how to stand up for you. Understanding what domestic violence is and how you can defend yourself against it are important steps.
How Does Texas Define Domestic Violence?
Texas law sees domestic violence (called family violence) as any harmful action or serious threat made by a family or household member against another. This can include hitting, injuring, sexual assault, or threatening words or actions that leave someone in real fear of danger.
Domestic violence also covers child abuse as defined under Texas law, which includes physical injury and other harmful treatment of children in the home. If someone acts violently or threatens another person in a romantic or dating relationship, that is considered family violence as well.
Steps a Lawyer Can Take to Help You With a Domestic Violence Charge
Facing a domestic violence charge is overwhelming, but an experienced lawyer is there to guide you. Here are the most common strategies your attorney may take to protect you and build your defense.
Protecting Your Rights
A big part of what your lawyer does right away is shield you from making things worse unintentionally. Law enforcement and prosecutors want information, but one misstatement can hurt your case. You’re always entitled to legal representation when being interrogated by law enforcement; make sure to assert this right and request counsel immediately.
No matter how friendly and helpful the police are, you should never try to talk your way out of charges.
Helping With Bail
When you’re arrested for domestic violence, you’ll be detained, and bail will have to be set before you can be released from custody. Your lawyer can help get you out by arguing for lower bail and more favorable pretrial release conditions. Being out of custody while your case is ongoing makes it possible to keep your job, care for dependents, and work closely with your lawyer to prepare your case.
Conducting an Investigation
Your lawyer will not simply rely on the evidence handed over by the prosecutor. They’ll review all the evidence, including 911 calls, body camera footage, and police and dispatch logs. They will also review medical and hospital records to determine what really happened.
Additionally, they will look for witnesses who can back up your version of what happened and find ways to poke holes in the prosecutor’s case.
Engaging in Negotiations
In some cases, negotiating is the best option instead of going to trial. Your lawyer can discuss the case with the prosecutor and explore alternative options, such as pre-trial diversion or a guilty plea in exchange for a lesser offense and more lenient penalties.
Challenging the State’s Case Before Trial
Part of your attorney’s job is to attack the state’s case before it actually gets to trial. This often includes fighting to exclude statements you made before being read your rights or evidence the police found in searches that violated your constitutional rights. They can also submit a motion to prevent the use of certain information, such as your past criminal record, against you.
Taking Your Case to Trial
If your case moves to trial, it’s your lawyer’s job to fight back in every way possible. This often begins with selecting a jury, which is a crucial aspect of the case. Once the trial begins, your lawyers will present the defense strategy they believe offers the strongest possibility of an acquittal.
These often include:
Self-Defense
Self-defense means you only used force because you honestly believed you needed to protect yourself from getting hurt, which the law allows. You’ll need to show that you believed you were about to be injured and that the force you used was proportional to the threat.
False Allegations
False allegations can occur due to anger, confusion, or a misunderstanding. Sometimes, reports are exaggerated, mistaken, or even entirely made up. A strong defense will highlight any changes, contradictions, or unreliable details in what the accuser is saying.
Lack of Injury/Insufficient Proof
The prosecution must prove that domestic violence actually occurred, and one common way they can do this is by showing injuries. If your lawyer can show that no injuries ever occurred, they can argue that there just isn’t enough evidence to prove you broke the law.
Contact Cofer Luster Criminal Defense Lawyers for a Consultation With a Fort Worth Domestic Violence Lawyer
When you’re facing domestic violence charges, you should never try to talk your way out of it or contact the accuser. You should consider consulting a legal professional to assist you in fighting back against these charges.
Contact Cofer Luster Criminal Defense Lawyers today to schedule a consultation with a Fort Worth domestic violence attorney. Call us at (682) 777-3336
