What are Defenses to Domestic Violence in Kansas?
Facing domestic violence charges in Kansas is an extremely serious matter. In addition to misdemeanor or felony penalties, you can face a domestic violence restraining order, and your conviction can stay with you for the rest of your life. As a result, you need to give your case the attention it deserves, and this starts with hiring a Johnson County domestic violence lawyer to determine what defenses you have available.
While there are many potential defenses to domestic violence charges in Kansas, determining what defenses you can use requires a thorough assessment of the facts of your particular case. Depending on the facts at hand, the defenses you may be able to use to fight your charge may include:
1. You Have an Alibi
If you were not there when the alleged incident took place, then you cannot be guilty of the crime alleged. If there is evidence to demonstrate that you were somewhere else, then your attorney will be able to use this to build an alibi defense in court.
2. The Alleged Victim is Lying
Unfortunately, false allegations of domestic violence are common for a variety of different reasons. If you have been falsely accused, your attorney may be able to speak with witnesses and use various other types of evidence to prove that the alleged victim is lying.
3. What Happened was an Accident
Situations involving allegations of domestic violence are rarely straightforward, and in many cases they can be extremely complicated. If you accidentally harmed your spouse, boyfriend or girlfriend, or another member of your household, you do not deserve to be convicted of a criminal act.
4. You Acted in Self-Defense
Were you trying to protect yourself? Domestic violence cases also frequently involve situations in which the alleged abuser was actually acting in self-defense.
5. The Police Violated Your Rights
Regardless of the facts leading up to the 911 call, if the police violated your rights by conducting an unlawful search or seizure or by interrogating you in custody without reading your Miranda rights, then the evidence against you may be inadmissible in court.
Remember, in criminal cases, the prosecution has the burden of proof. So, in order to avoid a conviction, you do not have to prove that you are innocent—you only have to keep the prosecutor from proving that you are guilty. But, prosecutors fight vigorously to secure convictions in domestic violence cases, and convincing a jury that you do not deserve to be punished is not easy. It is up to you to protect yourself, and you need to start working on your defense strategy right away.
Request a Free Consultation with Johnson County Domestic Violence Lawyer Jerry Merrill
If you are facing a domestic violence charge in Johnson County, defense attorney Jerry Merrill can help you build an effective defense strategy. Jerry is a former prosecutor who has extensive experience on both sides of complicated domestic violence cases. To discuss your case in a free and confidential consultation, call 913-381-2085 or request a callback online now.