No, there are plenty of opportunities for creating a defense to a domestic violence charge due to the nature of this sort of charge.
First, the State is usually perpetually frustrated with these cases due to the alleged victims unwilling to cooperate after any incident. However, the State will usually try and bully the charges through the criminal justice system despite the victim being uncooperative. Despite this, I have seen unwilling victims completely tank criminal charges by their horrible testimony or just not showing up in court.
Second, these sort of crimes usually have no witnesses at the scene besides the alleged victim and the accused. Thus it can be a “he” said versuses a “she” said sort of a case. As a former sucessful domestic violence prosecutor, I would often get creative and look for cooberating evidence like 911 calls, wounds at the scene, weapons at the scene, and statements to the police. However, a good defense attorney can exploit these sort of difficult to prosecute cases.
Finally, an experienced trial lawyer can be the difference between a State’s conviction and a State’s dismissal. These cases require more courtroom work due to the nature of the crimes often lacking hard evidence.
Jonathan Turner is a former domestic violence prosecutor and an experienced domestic violence defense attorney. Call
now: (615) 979-6401.