Domestic Violence Defenses in Ohio
Domestic Violence in Ohio carries severe penalties, such as significant periods of incarceration, fines, inability to own a firearm, and complications for any divorce or child custody matter. After being accused of domestic violence, it is essential that you contact an experienced criminal defense attorney immediately. Your attorney will be able to start building effective legal strategies for your case, such as putting forth certain legal defenses.
Self-Defense
A common defense strategy against domestic violence charges is to assert that the defendant was acting in self-defense. In these types of cases, your attorney will use evidence that shows that the other party intentionally inflicted physical harm against you and that you exercised reasonable force to protect yourself.
However, the level of force used must be reasonable. For example, if Jessica hits Michael, it is not reasonable for Michael to shoot Jessica. However, it may be reasonable for Michael to push Jessica away from him.
False Allegations
Domestic violence allegations do not always arise from actual incidents. Sometimes, the accuser brings false allegations against the defendant. This is done for personal reasons, such as revenge or gaining an upper hand in a divorce or child custody matter.
After reviewing the police reports, witness statements, dash camera video, etc., your attorney can look for inconsistencies in your accuser’s allegations and exploit those discrepancies at trial.
Insufficient Proof
Domestic violence allegations often boil down to a he said, she said situation. In criminal cases, you are not required to prove that you are innocent. It is incumbent on the prosecution to prove that you are guilty beyond a reasonable doubt. You are innocent until proven guilty.
Your attorney can question the credibility of the prosecution’s witnesses and validity of their evidence to raise the specter of doubt regarding your guilt in the jurors’ minds.
Right of Confrontation
Domestic violence cases are often times pursued by prosecutors even after the alleged victim does not wish to pursue any charges. In these circumstances, substantial portions of the prosecutor’s evidence may be inadmissible as a violation of your 6th Amendment right to confront your accuser. This often arises when the prosecutor has a 911 call or a witness statement provided by the alleged victim. In these circumstances, your attorney can argue that the evidence gathered against you is both hearsay and violates your constitutional rights.
Columbus and Delaware, Ohio Domestic Violence Attorney
If you have been charged with domestic violence in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your domestic violence case.
Johnson Legal, LLC serves the following cities in the central Ohio area for Domestic Violence Defense:
Westerville, Worthington, Columbus, Polaris, Reynoldsburg, Grandview Heights, Shawnee Hills, Bexley, Pickerington, Gahanna, Sunbury, Powell, Upper Arlington, New Albany, Dublin, Hilliard, Lewis Center, Galena, Clintonville, Huber Ridge, Blacklick, Grove City, Delaware, Marysville, Groveport, Newark, Canal Winchester, Obetz, Marion, Pataskala, Franklin County, Morrow County, Licking County, Union County and Delaware County