One of the most difficult experiences you can face is a false domestic
violence allegation. It can lead to feelings of humiliation, confusion,
and panic.
Anyone in this situation must understand their legal rights, and they should
study their options for a strong defense against these claims.
This article outlines some effective defenses against domestic abuse allegations
that you should discuss with your attorney.
Lack of Evidence
In any criminal defense, it is important to challenge the evidence against
the accused.
Many domestic violence cases rely on
circumstantial evidence. This is
indirect evidence that implies guilt without directly proving it. Your attorney may have methods for debunking such claims. They can analyze
the credibility and reliability of the source, seek direct, contradictory
evidence, and examine alternative explanations to the claims.
False Accusations
Here is an uncomfortable fact: Millions of people are falsely accused of
domestic abuse every year. In 2020, a YouGov study concluded that
over 20 million American experienced false allegations of domestic violence.
You need strong evidence to prove false allegations and discredit your accuser.
Effective evidence includes:
- Eyewitness testimony
- Security camera footage
- Character witness statements
- Phone and text message records
- Medical records (where the claim does not match the diagnosed injury)
- Physical evidence such as clothing or personal belongings (For instance,
your accuser may claim that you used a household item as a weapon, but
a forensic study could invalidate this argument.)
Self-Defense
This claim argues that you lashed out to protect yourself. For this defense
to work, you must prove that you genuinely believed you were in danger
at the time. Additionally, you must show that level of force you used
was proportionate to the threat, and it was reasonable to neutralize that
perceived threat.
Lack of Intent
In these cases, the defense argues that the alleged offender did not intentionally
harm their partner or family member. For instance, they may have gestured
wildly and accidentally hit the other person.
Such claims require strong evidence. Otherwise, they can degenerate into
a “he said, she said” argument, and the jury must simply decide
which person they believe.
Alibi
An alibi is a claim that you were not present or involved when a crime
occurred. Alibis cast a strong doubt on the prosecution's case.
A good alibi is backed up by hard evidence. This can include:
- GPS history
- Video footage
- Witness statements
- Electronic communications that detail where you were at the time
- Any other documentation that shows your whereabouts, such as a receipt
Poor Mental State
These days, courts are more receptive to the fact that a bad mental state
can result in bad behavior.
Mental states and illnesses that you can use in your defense include:
- PTSD
- Anxiety
- Depression
- Serious mental illnesses like schizophrenia or DID
For this defense to work, you must have evidence such as medical records
or testimony from mental health professionals.
You should also be aware that a mental disorder defense doesn’t always
end in a full acquittal. The suspect could be ordered to undergo intense
treatment, up to and including a stay at a high-security mental institution.
Domestic Violence Penalties in Nevada
The penalties for battery domestic violence in NV depend on:
- The severity of the offense
- Whether it is a first-time or repeat offense
A
first offense can result in up to
6 months in jail, a
fine of up to $1,000, and
48 – 120 hours of community service.
A
second offense within 7 years can result in a
mandatory minimum of 10 days up to 6 months in jail, a
fine of up to $1,000, and
100 – 200 hours of community service.
A
third or subsequent offense is considered a felony and
can result in 1 to 5 years in prison and a
fine of up to $10,000.
Aggravating factors such as the use of a deadly weapon or substantial bodily
harm can result in more severe penalties.
If you’ve been accused of domestic battery, Law Offices of Kenneth
A. Stover is here to help. For a free consultation, reach out to our office online
or call us at (775) 502-1575.
