Defenses to Wyoming Domestic Violence Allegations
April 10th, 2019
Allegations of domestic violence can give rise to a wide range of emotions, including anger, frustration, disbelief, and betrayal.
Sometimes a domestic violence charge is the result of a misunderstanding. It could be something as simple as neighbors who overheard you in the midst of a heated argument with your spouse or domestic partner and called the police. Other times, it’s something more serious.
In many domestic violence cases, the victim does not want to press charges. Unfortunately, even if your spouse or domestic partner tells the police they do not wish to press charges, prosecutors are unlikely to drop the case.
Even if you feel that the Wyoming domestic violence allegations are baseless and without merit, you still need to take appropriate steps to defend yourself.
Fortunately for the accused, Wyoming domestic violence allegations can be difficult to prove.
A Criminal Defense Attorney Can Defend You Against Wyoming Domestic Violence Allegations
If you are facing Wyoming domestic violence allegations, it is wise to hire an experienced criminal defense attorney as quickly as possible.
During your initial case review, your Wyoming criminal defense attorney will work with you to determine answers to the following basic questions:
- What do the police know about the alleged incident?
- Is there a 9-1-1 recording and, if so, does it support a charge of domestic violence?
- What were the victim’s injuries and how recently did they occur?
- What was the victim’s emotional state?
- Is there physical evidence of a struggle, such as injuries, or ripped and bloody clothes?
- Are there prior allegations of domestic violence involving you or the other party?
- Is there evidence of a physical struggle inside the home?
- Does the police report support or contradict your version of the events?
- Were you or the victim under the influence of drugs or alcohol?
Based on the answers to these basic questions, your criminal defense lawyer will begin to craft your defense. There are seven common defenses to Wyoming domestic violence allegations.
1. I Didn’t Do It
A denial of domestic violence allegations means that you are claiming you did not do it. This often means that your attorney will need to “point the finger” at someone else, offer an alternate explanation for the victim’s injuries, or be able to prove that you could not have committed the acts in question.
For example, your attorney might develop evidence which shows that you were not in the vicinity of the victim at the time the alleged incident took place. You will need to provide evidence, such as witnesses, documents, photographs, etc. which show that you were not with the victim at the time the domestic violence was said to have occurred.
2. The Victim Is Lying
It is possible that your partner made up the entire story in an effort to get back at you. If this is the case, your attorney will seek to discredit the victim by showing that the victim’s injuries are not consistent with his or her version of the events, or that the victim’s version of events is inconsistent.
3. It Was An Accident
If you claim that the alleged domestic violence was an accident, you are acknowledging that you were there and that you caused the victim’s injuries, but you are claiming that the injuries were unintentional. Your lawyer will look for evidence that supports your version of events. For example, if you claim that your partner’s injuries were accidentally caused when you dropped a hammer, your lawyer will need evidence that you were working with tools around the house. Your lawyer will seek evidence that supports this version of events, such as repairs around the house, as well as alternate explanations for the nature and cause of the victim’s injuries
If you claim you were trying to defend yourself or your children, your attorney will look for evidence that the victim had been violent in the past, and will want to understand why the victim was behaving violently. Your lawyer will also compare your version of events with those of the victim, and will check both you and the victim for injuries that are consistent with a claim of self defense.
5. Domestic Violence Cannot Be Proven Beyond a Reasonable Doubt
A common criminal defense tactic is to claim that the victim cannot prove that domestic violence occurred beyond a reasonable doubt. This defense questions the weight of the evidence. Your lawyer will probe the victim’s allegations and will want to know whether there is any additional evidence that supports the victim’s claims. Your lawyer will also review the police report and any statements made you by you and the victim.
6. I Did It But It Was a Result of the Victim’s Behavior
If you claim that the victim was the cause of the domestic violence, your lawyer will look for evidence of prior incidents of domestic violence and whether there is any additional evidence beyond he-said-she-said. If the victim has any violent tendencies, this will be particularly helpful in establishing a claim that the victim’s behavior was the cause of the domestic violence.
7. Technical Defenses
If the police investigating the incident made mistakes, these mistakes may be enough to get your case dismissed or have the charges against you reduced.
Technical defenses may include:
- Failing to properly read you your Miranda rights
- Errors in recording the interrogation
- Denying a request to speak to a lawyer
- Questioning you after you asserted your right to remain silent
- No probable cause to conduct a search or interrogation
- Not properly collecting physical evidence
- Bias against the accused, which may appear as police failing to ask you to account for your whereabouts before arresting you.
- Failure to question eyewitnesses
- Problems with the police report, such as a failure to properly describe police observations or to sufficiently describe the alleged incident.
Just Criminal Law Defends People Facing Wyoming Domestic Violence Allegations
Even if you believe that Wyoming domestic violence allegations are without merit, it’s important that you hire a skilled and experienced Wyoming criminal defense lawyer who can help make your case.
At Just Criminal Law, my team of criminal defense professionals will thoroughly investigate the claims against you and aggressively defend your one shot at justice.
If you have questions about Wyoming domestic violence allegations or need a Wyoming criminal defense attorney, contact Just Criminal Law today. From our office in Gillette, Wyoming, we represent people throughout Northeast Wyoming and Western South Dakota. Call us at 307-686-6556, email email@example.com, or complete our online form.
DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.
Categories: Domestic Violence Charges