Few criminal offenses stir the emotions more than allegations of domestic violence. For better or for worse, prosecutors are more likely to aggressively pursue these cases to trial. Often, they overlook the obvious problems that can arise in a domestic violence prosecution. If you’re wondering how to beat a domestic violence charge in Minneapolis, this may be you.This frequently results in criminal charges against a person who has done nothing wrong.
What Are My Defense Options in Minneapolis?
The good news is that there are many defense strategies that could help you defeat an allegation of domestic violence. No two cases are exactly like, which means the right defense strategy for one case could be vary different compared to another. The attorneys of Gerald Miller could help you determine the best defense strategy for your case.
Our office offers free initial consultations for anyone facing allegations of domestic violence. Before you meet with our of domestic assault violence lawyers in Minneapolis, you can familiarize yourself with common defenses used in domestic violence cases.
Self-Defense as a Defense in Minneapolis
Claims of self-defense are one of the most commonly raised defenses in domestic violence cases. As is the case with any violent criminal charge, it is a defense if you are acting to avoid imminent physical harm. If your spouse or household member has become violent and initiates a confrontation with you, it could be a viable defense if you use force to protect yourself.
Limitations on Self-Defense in MN
There are some important limitations on this defense. For starters, you cannot rely on this defense if you were the first person to instigate violence. Once you have instigated a violent conflict, you lose access to claiming self-defense.
Your use of force must also be based on a reasonable belief of imminent harm. You cannot claim self defense if you are in no immediate danger or if the threat has passed.
Finally, you can only use a reasonable degree of force when defending yourself. This means you cannot use lethal force in response to a minor risk of injury. Any of these factors could defeat your use of self-defense.
Defense of Others as a Defense in MN
Defense of others is similar to self-defense. As the name implies, the difference is that you are acting in the defense of a third party as opposed to yourself. Under state law, there is no limitation on the individual you are protecting from imminent harm. However, in a domestic violence setting these third parties could be anyone from your children to a romantic partner.
The same defenses that apply to claims of self-defense also apply to the defense of others. If a reasonable person would not find the third party to be in serious risk of harm, this defense might not be viable.
False Allegations Defense for Domestic Violence Charge in MN
Not all allegations of domestic violence are genuine. In some cases, a spurned spouse or former romantic partner might lie about or exaggerate the details of an assault in an effort to cause problems.
There are different ways your legal counsel could make a case that the allegations against you are false. The easiest way to do so is to obtain an admission from your accuser that they falsified the allegations. These admissions could be recovered from social media or even made intentionally through the use of an affidavit. When a complaining witness recants their false allegation in a written affidavit, your attorney could use that document as leverage to see the charges against you dismissed.
A Minnesota Lack of Evidence Defense for Domestic Violence
Sometimes, the strongest defense to a domestic violence allegation is to highlight the prosecution’s lack of compelling evidence. Remember, you do not carry the burden of proving your innocence. Instead, the state must show beyond a reasonable doubt that you are guilty of the charge of domestic violence. Focusing on the inadequate case built by the state could be a stronger defense than actively attempting to prove your innocence.
Discuss Your Defense Options with a MN Domestic Assault Lawyer
These are only a handful of the defenses that might be viable in your case. If you’re wondering how to beat a domestic violence charge in Minneapolis, a lawyer could make all the difference. Before you take on the prospect of defending yourself at trial, let the attorneys of Gerald Miller help you develop a winning strategy.
We have extensive experience fighting back against allegations of domestic violence in Minnesota courtrooms. Reach out to our firm as soon as possible to schedule a free consultation and learn more about your potential defense options.