If you’ve been wrongly accused of this heinous crime, take a look at the following list and find out what evidence you can provide to disprove the story the accusation exposes. Gather as much evidence as possible that will help you justify or prove your innocence-a collection of evidence favoring the defendant. You can collect representative witnesses, photographs, written communications with the accuser, and other evidence to show that you have no history of such behavior.
With the help of an experienced lawyer, this evidence can be a powerful tool to prove wrongdoing on the part of the accuser and make it clear that their allegations are unfounded and cannot be trusted. An experienced lawyer can distinguish a weak case from a strong one by looking for evidence to refute the prosecution’s allegations.
Understanding these reasons and looking at the charges from all angles can help us prove to the jury that your accuser is insincere and why he is behaving this way. Quite often, the best way to prove that your partner’s claims are false is to gather evidence that you did not commit the crime. While it is easy to bring charges, the prosecutor still has to prove that you assaulted your partner beyond a reasonable doubt. However, you can do things to prove that the charges against you are false.
Why Someone would Falsely Accuse You of Domestic Violence
As you can probably see from the examples above, false accusations are made for various reasons. But in cases where the alleged victim alleges violence or abuse that did not occur, it is much more difficult to prove that the allegations are based on false or trivial allegations.
Because domestic violence cases are handled with such passion, the defendant is considered “guilty until proven innocent” and not the other way around, which is why false accusations can be so life-destructive. Such situations can lead to one of the “injured” parties falsely accusing the other of domestic violence. A parent can also make a false allegation of domestic violence to set one or more children against the other parent.
In divorce proceedings or custody, one party may make false domestic violence allegations of abuse to gain legal leverage over the other party. Falsified domestic violence or abuse allegations can derail the legal process, giving plaintiffs the upper hand in lawsuits leading to divorce and child custody. Alternatively, sometimes family discussions may lead to an individual needing retaliation, or a parent may try to influence a child custody case. In other words, the consequences of a single argument could now be devastating for the defendant.
Many use it to gain the upper hand in custody battles and rig the case. They may try to discredit you by making false accusations to take advantage of this in legal proceedings. If you are charged with such a crime, you may face serious consequences in the eyes of the law and those around you. Even ordinary people can be accused of crimes they did not commit.
Even if you are innocent, you may not escape the stigma of prosecution. Once you’ve been charged, it’s hard for others to believe you’re innocent, and no matter what you do, you may never be able to convince them that you’re not a domestic abuser. People who falsely accuse others of crimes are often emotionally unstable or vindictive. Prosecutors win lawsuits that could damage defendants’ reputations, deny them access to children and lead to criminal records.
A person who has been falsely accused may file a civil action against the accuser to obtain compensation for any damage caused by the prosecution. In addition, the prosecutor can be charged with making false statements to the police, which is a minor offense. While threatening violence without a gun can lead to a summary case, for example, if your accuser alleges that you threatened his life with a gun, you could be prosecuted.
Getting a Lawyer
Whether the case is treated as summary or indictable, those charged with domestic violence can face severe consequences, including jail time, heavy fines, domestic violence lessons, social services, loss of certain rights and privileges, and criminal convictions. If found guilty, the penalty could be up to one year in prison and/or a fine of up to $2,500. A person can be found guilty of ongoing domestic violence if they commit two domestic assaults within 12 months. A person convicted of domestic violence involving intentional bodily injury to another person must serve a minimum of 5 days in county jail unless the defendant’s sentence includes a period of non-custodial detention.
Since domestic violence is a serious problem in California and across the country, prosecutors tend to play tough in such cases. The defendant must take every opportunity to defend against false accusations. For whatever reason, a false report of domestic violence is made. You need a Dunlap Criminal Defence Lawyer to protect your legal rights. While the exact strategy your criminal defence attorney uses to deal with your false allegations of domestic violence will depend on the facts of your case, you can rest assured that they will do everything in their power to help.
A good domestic violence lawyer will examine every aspect of the case and identify where the victim’s testimony is too unreliable, inconsistent, or implausible to support a conviction. People accused of domestic violence usually defend themselves by showing that the prosecution has not proven their point beyond a reasonable doubt on every count or by offering a defence that exonerates them from their actions. Since they are not strangers, they usually know much more about each other than the defendant and accuser in a typical assault case.