How to Contest Domestic Violence Charges in Pennsylvania
Are you facing domestic violence charges? These charges can be incredibly stressful and emotional, and in a situation this heightened, you should not make rash decisions. When you need domestic violence defense, the best thing you can do is find an appropriate criminal defense attorney who can help you maintain your innocence and protect you from potential harm. Do not make any decisions until you have the guidance of an experienced legal defense team like the Marinaro Law Firm.
What Is Domestic Violence Defense?
Domestic violence defense encompasses allegations of abusive behaviors that a person inflicts upon another person during an intimate or familial relationship. These abusive behaviors might be physical violence, emotional abuse, sexual crimes, or even forms of coercive control. Domestic violence can have profound and long-lasting effects on victims. Physical abuse may lead to permanent injury, but emotional damage can be long-lasting due to betrayal of intimate trust.
Defenses Used in Domestic Violence Cases
When you contest domestic violence charges, you might be worried that there is nothing you can do to protect yourself – this is not the case. The presumption of innocence means that you are assumed innocent until proven guilty and are given many opportunities to refute or defend yourself during the legal process. There are many options available to those charged with or accused of domestic violence charges:
Self Defense
Relationships involving abuse frequently involve a back-and-forth of aggression, which can result in a complicated course of events. A common defense when you contest domestic violence charges involves clarifying the events as self-defense, in which one party felt threatened enough to feel self-protection is necessary.
Lack of Evidence
Evidence is often challenging to find when facing domestic violence charges. Without actions resulting in medical records or law enforcement involvement, the prosecution may struggle to find the kind of hard evidence needed to establish the necessary degree of guilt.
False Accusations
False allegations of domestic violence are not common, but they do occur. Many domestic abuse advocates note the use of DARVO: Deny, Attack, Reverse Victim, and Offender. This is a frequent occurrence in which abusers re-position themselves as victims and may come along with false accusations of abuse.
Lack of Corroborating Witnesses
When witness testimony is essential to the prosecution’s case, your criminal case attorney may opt to cross-examine them to expose inconsistencies, ulterior motives, or contradictions that might weaken the prosecution’s arguments.
This is not an exhaustive list of how to contest domestic violence charges, because the unique nature of the relationship in question may result in different tactics and strategies for defense and prosecution. You must work closely with your legal defense to have the strategy that will give you the best chances of being protected, and have the best possible advocacy for your rights.
What to Expect from a Domestic Violence Trial
When navigating a domestic violence trial, you want to fully understand the process to which you will be subjected. While specific procedures vary from jurisdiction to jurisdiction, a typical domestic violence trial involves six steps.
1. Arrest and Booking
The first stage of domestic violence is arrest and booking. The accused is arrested, and taken into custody, and formal charges are filed. This part of the process includes recording personal information, photographs, and fingerprints. This is when you will have your first opportunity to find the domestic violence defense attorney you need.
2. Arraignment
Next, the accused is brought into court for the first time and informed of charges being levied. This step is when the accused will plea guilty, not guilty, or no contest. Before this time, you should have a defense lawyer who can advise you on the proper course of action based on specific circumstances.
3. Pretrial
Pretrial proceedings will involve discovery and negotiations. Discovery involves gathering evidence and sharing evidence between the prosecution and defense. Negotiations may begin as the defense and prosecution form their strategies and evaluate the situation. These negotiations could result in plea bargains, alternative sentencing, or even resolution before the case is brought to trial.
4. Trial
This process is a back-and-forth between prosecution and defense in which arguments and evidence are showcased and evaluated by the judge or jury. You have likely seen the process laid out in TV or film reasonably faithfully. Still, the standard stages of a trial are: Jury Selection, Opening Statements, Presentation of Evidence, Closing Arguments, and Verdict. This is when your defense attorney will contest domestic violence charges and lay out your defense.
5. Sentencing
If the judge or jury elects to convict the accused, then sentencing will begin. Based on the situation, criminal history, severity of the offense, and other factors, the judge will decide on the appropriate penalties. Sentencing could include jail time but may also involve fines, probation, counseling, restraining orders, community services, or some combination of these penalties. A domestic violence defense lawyer can advocate for minimized or alternative sentencing.
6. Appeals
Once conviction has occurred, you have the right to appeal. This is a formal request that you submit to a higher court to review the lower court’s decision. A defense attorney can advise on the likelihood of this being successful and represent you throughout this process.
These six steps are standard, but your specific situation and jurisdiction may involve other steps or a slightly different order. Consulting with an experienced criminal lawyer can provide not just insights on the process itself, but also knowledge and understanding of the best steps to take during each phase of defense.
Defend Yourself From Life-Changing Charges with Marinaro Law
Don’t panic when you are faced with domestic violence charges. Even though you might feel powerless and hopeless, you have many options. With an experienced domestic violence defense attorney, you can proceed with more confidence in your outcome.
The Marinaro Law Firm, led by Michael V. Marinaro, is a criminal law firm that knows the ins and outs of the Lancaster legal realm. Marinaro has over 20 years of experience in law and forensic science, which come together to guide our defense strategies with sharper and more detailed tactics when contesting domestic violence charges. So, if you are concerned about the potential outcome of your trial, turn to the guidance of a fearless Lancaster, PA law firm.
