Greenville Domestic Violence Attorney

Defenses to a Domestic Violence Claim

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 violence claims:

• 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.
• Self Defense - 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.
• 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.
• 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
• 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 your domestic violence case ends up going to trial, we know how to cross-examine witnesses:

• Were inconsistent statements made by the person making the complaint?
• Is the accuser trying to gain an advantage in divorce or child custody proceedings?
• Was the accuser the primary aggressor?
• Did the witness give 9-1-1 and the police conflicting stories?
• Did the police prompt the witness to make certain statements?

Discuss Your CDV Charges at No Cost - (864) 610-1277

Being convicted of CDV can bring about serious life-long consequences. A second offense will remain on your record for life, affecting your employment, financial, and even your reputation. Convictions can even lead you to lose your right to carry or possess a firearm and damage your custody rights. If you have been charged or believe that you are going to be charged, meet with our helpful legal team before making any statements to police or going to court alone. From dismissed cases to not guilty verdicts before a jury, we have assisted numerous clients in overcoming their legal dilemmas.