Defending Yourself from False Battery Domestic Violence Accusations
When charged with a battery domestic violence case you did not commit, it is easy to feel helpless, especially if you are in the law boundaries of Nevada, where prosecutors are very stringent when it comes to such case. Good thing there are Las Vegas domestic violence attorneys who can aid falsely accused people through different defenses.
Here is a guide on how you and your attorney can defend your case in order to preserve your innocence.
Reasons for false accusations
To gain a deeper understanding of being falsely accused, you need to know the factors that cause wrong accusations. Some of these factors are:
This is usually an honest mistake, especially when victims imagined things because of mental health problems or because of the urging of particular individuals.
Eyewitnesses are also prone to misidentifying suspects as humans are not made to remember each and everything that happened. During descriptions or line-ups, eyewitnesses will resort to pointing someone who is close to the image they have in their heads.
Police and government misconducts are sometimes the suspects of accusations. There are instances when the questions of policemen lead to the accusation of a person. However, most of these are done either subconsciously or because of incoherent police procedure.
Furthermore, it can also be faulty for incompetent analysts to perform forensic evidence with inept assessment and equipment as it will result to equally faulty allegations.
Revenge and malice are also some of the prime reasons of false accusations. A family member that harbors hate against you is likely inclined to fabricate stories and pieces of evidence to convict you.
Knowing the likely reasons why you were falsely accused will give you wider a perspective which is essential to handling the case right. Below are some defenses your domestic violence attorney can use during trials:
Questioning the prosecutor
You can challenge whatever the prosecutor laid down to incriminate you. For example, you and your domestic violence attorney can ask if there is physical evidence of harm and if there is, what is the proof that you are the perpetrator?
If there are other factors to the battery like stalking, sexual assault, or unlawful confinement, ask for concrete evidence. You can also point out that the plaintiff is emotionally or mentally unstable, thus the false allegations.
To support your claims, you will need evidence. First, make sure that all your possessions are in place as your own belongings can be used against you Change your log-in and other security information as well. You can also alert your loved ones ahead of your accuser to clear your innocence.
Use evidence smartly. If the victim accuses you of beating on a specific date and time, then you should look for CCTV footages, text messages, or social media posts which will prove that you were unavailable or incapable to do the battery during that particular period.
Using affirmative defense
This is a type of evidence that shows that even though the defendant is guilty of the crime, he or she did it in a light different to what the plaintiff is trying to show. Examples of this are self-defense, insanity, necessity, and entrapment. If proven, this can exonerate the defendant.