In my practice, we represent clients charged with Domestic Violence or Domestic Assault, here is what you need to know:
- You are on video. Most officers in every jurisdiction have body camera now. This can be a good thing, it preserves evidence and holds all parties accountable. However, your statements are being recorded and will be used against you. You have a right to remain silent. Know that you are on camera, and that you have a right to remain silent.
- The 911 call is evidence that will be used against you. Often my clients are the ones that call 911. Officers will come to the scene and do the best they can to ascertain if anyone is hurt and investigate. It’s a crime to make a false report. Do not abuse the justice system. The police will determine who is the first aggressor. If someone has a clear injury, they are going to be most likely labeled the victim. Calling 911 should not be used as a manipulative tool or just to get the officer to come to the scene as a threat. This evidence can also be used to exonerate you.
- Self-Defense – Did you accuser act violently to you first? Were they the primary aggressor? If so, you may be able to claim self-defense. Gathering evidence such as text messages, videos, witness statements, and reviewing the scene and photographs of any injuries caused to you could be the key in these cases. You need to preserve this evidence to claim this defense and work with your attorney to do this.
- Lying – Who is credible? Often times in domestic cases, it’s “he said, she said,” and it’s hard for all involved to determine if this is a true case of domestic violence. We have all heard that there is a thin line between love and hate. There are cases where in the heat of passion, some people might make false accusations of domestic violence. A defense lawyer should work with their client to develop the story and gather evidence to uncover these lies in comparison to the evidence and police reports.
- Domestic Assault and DV effect your right to own a gun. If you are charged with DV, you cannot own a gun. If you are convicted of DV, unless and until expunged, you cannot own a weapon. The first conviction of DV is expungement eligible. Know your gun rights and consult an attorney if you are charged with DV to discuss your gun rights and future rights to own a weapon.
If you, someone you know or a family member is charged with DV or Domestic Assault, call our office today to discuss your case and options.