Domestic battery can be a vague charge. You may even wonder exactly what you should expect when you face off in court, as the definition of battery can range wildly, including a broad spectrum of events as part of your charge.
Are you trying to defend yourself against domestic battery charges? These are some of the possible defenses you may use in court.
The Incident Was an Accident
One of the first things you might claim is that the entire incident was an accident. You never meant to hurt somebody else. Perhaps you were trying to break up a fight, but your elbow accidentally hit one of the bystanders, resulting in an injury to another party. As a result, you should not be held responsible for battery.
The Incident Never Happened
In some cases, people simply lie about what happened. They lie about the incident entirely, perhaps placing you somewhere you never actually were. Your defense might show that you were actually somewhere else, and video evidence may suggest that no battery ever occurred.
The Battery Was Inflicted by Somebody Else
In some cases, the victim is simply wrong about who inflicted the battery. It could be that there was a big group of people involved, ultimately making it difficult to determine who was involved in the incident. You may have been just a bystander, but somebody became confused about what happened with so many people involved.
The Incident Was Simply Discipline
In some cases, people are accused of battery after they discipline a child. Children's words can become confused and misconstrued. It is important to defend allegations of child battery so that you do not end up losing your child or having child abuse on your criminal record.
Somebody Was Under the Influence
If another party or you were under the influence of alcohol, you may be able to make the claim that the incident was not serious and that it was a dispute between two intoxicated people. While this may not get you off the hook completely, it may be able to reduce some of the punishment.
A Criminal Law Attorney Can Help
Criminal defense attorneys can help you put these defenses to use. Your attorney can help you determine the steps you need to take to defend yourself in court and avoid time in jail or prison. Consult with a professional attorney today to ensure you have proper representation in court.