Unlawfully perpetrating physical violence on another person goes from simple battery to domestic violence when that person is related by blood or marriage, or currently/formerly cohabitated with the accused. Dating relationships where one person becomes physically abusive with the other also fall under domestic violence.
Being charged with battery or domestic violence brings misdemeanor charges that carry a mandatory two-day jail sentence, and as much as six months in jail. Convictions under these charges can also include mandatory community service plus domestic violence counseling.
While incidents that carry the charge of battery or domestic violence are classified as being different, they all have the common denominator of stemming from encounters where emotions run high. Getting to the truth in any matter of domestic violence requires the assistance of a skilled attorney that can separate the facts from emotion. While the facts of every case are different, there are a number of positions that can emerge from these facts that enable a skilled criminal defense attorney to gain an acquittal or reduction in charges for their clients.
In some cases, self-defense can be put forward as a legal defense where the defendant believed it was necessary to avoid imminent injury or death to themselves or another person. In some cases where domestic violence is being charged, facts of the case point to the injuries being the result of an accident. In other cases of domestic violence, false allegations that stem from vengeance against the accused can be at the heart of the charges.
In any case of battery or domestic violence, the criminal defense attorney must have a skilled investigative team that can get to the facts that may lead to an acquittal, dismissal, or reduction of charges for the accused. Separating facts (or the lack of them) from the emotion of domestic violence cases requires the hand of a criminal defense attorney that has successfully navigated a great number of such cases. Only then can the accused have the best chance of the most positive outcome.