Former Prosecutors Defending Clients in Wyoming and South Dakota

How to Defend Against Charges of Domestic Violence

Domestic violence is a significant problem in Wyoming and across the country. However, the way law enforcement and the courts handle allegations of domestic violence creates the very real and very serious possibility that many people are falsely accused of domestic violence.

Domestic violence charges typically stem from accusations made by the alleged victim and a police officer’s assessment of what occurred. In many cases, the defendant has been charged without direct evidence showing that an act of domestic violence even took place.

False allegations of domestic violence are common in situations involving divorce, legal separation, and child custody disputes. Sadly, one domestic partner may accuse the other of domestic violence in an effort to gain the upper hand.

If you have been charged with domestic violence, you need an experienced criminal defense attorney who will evaluate your situation and provide you with a vigorous defense that could lead to the charges against you being dropped.

Penalties for a Domestic Violence Conviction

In Wyoming, a person is guilty of domestic violence if they commit an assault or battery against a current or former member of their household, someone with whom they share a child, or someone with whom they previously had a romantic relationship.

Prosecutors use domestic violence charges to seek enhanced penalties in cases of assault and battery. Penalties for domestic violence range from 6 months in jail and a fine of up to $750 to up to a year in prison, a fine of up to $1,000, or both.

In addition, a conviction for domestic violence will remain on your criminal record forever and can result in more severe punishments if you are charged with a crime in the future.

How to Protect Yourself If You Have Been Charged with Domestic Violence

Allegations of domestic violence are disturbing and troubling. Nevertheless, someone accused of committing domestic violence remains innocent until proven guilty.

If you are facing allegations of domestic violence, understand that the consequences of conviction can be severe and that you must protect yourself and defend against the charges.

Once you have been arrested and charged with domestic violence, the two most important things you can do are to: (1) assert your right to remain silent; and (2) ask to speak to an attorney.

You should also refrain from discussing the matter with friends or family members or on social media.

Then you should prepare a list of people who can verify your version of the events and provide you with a good character reference. Give this list to your criminal defense team, who will contact these people on your behalf.

You should also save emails, texts, and other messages between yourself and the alleged victim and provide them to your criminal defense team. We will decide whether they should be turned over to the prosecutor or are privileged. We might be able to use these communications as part of your defense.

Finally, be sure to change your login passwords. This includes logins to social media accounts, email, and online banking, as well as electronic devices like phones, laptops, and tablets.

Mount a Vigorous Legal Defense

The final piece of protecting yourself against allegations of domestic violence is your legal defense. At Just Criminal Law, our team will carefully analyze your situation and gather evidence to prepare your defense.

The most common legal defenses to allegations of domestic violence are:

  1. You did not do it
  2. The victim is lying
  3. It was an accident
  4. You acted in self-defense
  5. Lack of proof beyond a reasonable doubt
  6. The victim was the cause of the violence
  7. Technical legal defenses

Defending yourself against charges of domestic violence is a serious matter. Even if you believe that the charges have no merit or the alleged victim claims they want to dismiss the charges, you still need to take steps to defend yourself.

Just Criminal Law: Vigorous Defense Against Charges of Domestic Violence

At Just Criminal Law, our team has extensive experience defending people who have been accused of domestic violence.

Our lawyers began their careers in the prosecutor’s office, where they learned first-hand how the government prepares and prosecutes criminal cases. Our lead criminal investigator spent more than 20 years working for the Campbell Couty Sherriff’s Office. And our paralegal and intake specialist are dedicated to helping guide our clients through the stress that comes with any criminal charge.

We know that charges of domestic violence are scary and emotionally difficult. When you hire Just Criminal Law, we will work together as a team to protect your one shot at justice.

We urge you to contact us today to schedule your personalized case review and strategy session to mount an aggressive legal defense.

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.

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