Domestic violence charges in Norman, Oklahoma, bring serious consequences. If you’re being charged with a domestic violence charge, you need to defend yourself, and fast. The state takes these charges seriously and will likely pursue all possible penalties. Thankfully, you have options. At Pierce Law Firm, P.C., we have the expertise to navigate any domestic violence charge. We’re here for all types of clients and will defend you when no one else will.
Common Defenses Against Domestic Abuse
In many jurisdictions, domestic abuse is criminalized to protect victims, which are mostly children. Laws were enacted to punish offenders and prevent further abuse.
In Oklahoma, domestic abuse is defined under Section 60.1 of Title 22 of the Oklahoma Statute. Domestic abuse means any act of physical harm or the threat of imminent bodily harm that is committed by an adult, emancipated minor, or minor child thirteen (13) years of age or older against another adult, emancipated minor, or minor child of an intimate partner or family or household member.
Prosecution for domestic abuse is a serious charge which may result in life-altering consequences. Aside from the possible penalty of fine or incarceration, conviction of a crime attaches a criminal record upon the accused that may affect their employment opportunities and parental rights.
Thus, it is imperative to seek proper representation to be informed of the possible defenses and options available. Here are some of the common defenses used in domestic abuse cases:
- Self-defense. This is a strong defense against domestic abuse. The defendant must show that the physical injury was inflicted as a defense. To successfully invoke self-defense, it must be shown that there was unlawful aggression against the person of the defendant, reasonable means to repel, prevent, or respond to the threat, and absence of provocation of the person defending. If the preceding elements are present in the case, the defendant’s acts may be deemed as justifying circumstances to avoid the penalty imposed by law for domestic violence.
- Lack of intent. Intent is an essential element for most criminal acts. In the absence of intent, an act may not be deemed criminal. A typical example of a lack of intent causing injury to others is if the act was accidental or committed through negligence. If the victim was injured due to an accident, the defendant may not be convicted of domestic abuse.
- False accusations. In some instances, the alleged victim may fabricate allegations to cause legal harm against the other. The evidence must be carefully examined to determine whether it contradicts witness testimonies or the accuser’s statements.
- Lack of evidence. For every criminal case, the prosecution must prove the accused’s guilt beyond a reasonable doubt. Beyond a reasonable doubt, the highest degree of evidentiary value is in the hierarchy of quantum of proof. Thus, the prosecution must have solid evidence presented in the court to overcome the burden of convicting the accused.
What Happens During Trial?
During the trial, the criminal defense attorney evaluates the evidence presented. Based on the available evidence, the lawyer formulates strategies such as establishing an alibi, attacking the witness’s credibility, and challenging the integrity and credibility of the evidence. The defense lawyer may also utilize the enumerated common defenses mentioned above if applicable to the case.
The success of criminal defense rests on the circumstances of the case. A favorable verdict demands a thorough evaluation of the evidence available and expertise in criminal procedure. Domestic abuse defendants must seek assistance from a competent and expert criminal defense attorney to get the most appropriate defense for their case.
Representation You Can Count On
Don’t leave your domestic violence case to just any legal team. Pierce Law firm has served the criminally accused in Norman and Surrounding areas for over three decades. We have the expertise you need to get the best result possible in your domestic violence case. Contact us today for a no-cost consultation.