Domestic violence is a very serious crime in South Carolina and is being
prosecuted more aggressively than ever before. Unfortunately, some people
attempt to use domestic violence claims as a weapon to damage the life
of someone they may be having a dispute with. If you’re facing domestic
violence charges, you need an experienced Greenville criminal defense
lawyer who can craft an effective legal strategy on your behalf. Our attorney,
Steve Hisker, explains some of the most common defenses against domestic
1. False Accusation
One common defense against domestic violence charges is proving that the
accusation was false. Unfortunately in contentious situations such as
divorce or child custody battles, it’s not unheard of for people
to make domestic violence claims out of anger or spite. A skilled defense
attorney will look for inconsistencies in the accuser’s recollection
of events to help prove that the allegations were false.
Arguing self-defense can be an effective way to fight domestic violence
charges, as long as it can be proved. Your criminal defense attorney will
need to prove that there was an imminent threat of violence and that the
response was appropriate and proportional.
3. Lack of Evidence
In most domestic violence cases, a lack of sufficient proof is one of the
strongest defenses. Simply put, you can’t be convicted if there
isn’t enough evidence to prove that you committed the crime. Keep
in mind, however, that testimony from the accuser is often a very powerful
piece of evidence by itself.
4. Violence Was an Accident
This defense is rarely successful, but can be very effective when it applies.
Your defense attorney will need to demonstrate that the violent act was
not intentional or malicious in nature, and instead occurred accidentally.
Keep in mind that the prosecutor will be looking for any inconsistency
which can bring your story into question, and
5. The Violence Was Extremely Minor
Depending on the circumstances of your case, your attorney may try to argue
that the physical harm you caused was so minimal that it cannot be considered
criminal behavior. In order to fight this defense, the prosecution must
be able to demonstrate that the injuries suffered by the victim were more
severe in nature.
If you’re facing domestic violence charges, our Greenville defense
attorney can craft a customized defense on your behalf. Retain our firm
by calling (864) 610-1277 today!