Arrested For Domestic Battery While Engaging In Self-Defense? How Can You Clear Your Name?

Being involved in a fight with your significant other is never a pleasant experience -- but if this fight turns physical and you're forced to defend yourself against your partner's kicks, punches, or slaps, you may feel both physically and emotionally violated. Even worse than the initial abuse may be the reception you get from a responding police officer, particularly if you're much larger or stronger than your partner and he or she has defensive wounds. If you've been arrested and charged with domestic battery for actions you took in defending yourself against assault, do you have any options? Read on to learn more about the potential legal defenses you may be able to raise if you've been wrongfully charged with domestic battery.

What are the potential defenses to domestic battery?

Like other violent crimes, battery has few legal justifications. Even if someone physically or verbally provokes you, committing physical harm against them when you could choose instead to walk away without repercussions remains a crime.

However, if you can conclusively show that you were exercising your right to self defense when making physical acts against your partner, you may be found not guilty of domestic battery by means of self defense. Because self defense is commonly trotted out by criminal defendants, to go this route you'll need unassailable evidence and shrewd legal counsel. You may need to testify in your own defense or find character witnesses who can testify favorably on your behalf or shed light on your partner's violent tendencies.

How can you prove you were acting in self defense? 

Unless you've requested a bench trial, a jury will be the finder of fact in your case, making the final decision as to whether the prosecution has proven its case beyond a reasonable doubt. Casting reasonable doubt in the form of a self-defense defense is likely your best bet for acquittal. To do so, you'll need to establish two main factors:

  • You weren't the initial aggressor

If you were the one who started the argument -- even if you weren't the first to begin swinging -- it may be more difficult for you to establish a claim of self defense. On the other hand, if you can conclusively show, through testimony or other evidence, that you were on the receiving end of the attack during the entire conversation, your odds of a successful defense are higher.

  • Your response was proportional to the attack -- and you didn't escalate

The responsible exercise of self defense requires a proportional response. If your spouse punches you and you grab his or her arm to prevent a second blow from landing, this is a proportional response; as is pushing your spouse away from you or holding his or her arms down to prevent further punches. However, responding to a punch or a slap by attempting to strangle your spouse or hit him or her with an object is an escalation, rather than a proportional response, and can be rightfully classified as assault.

For more information, contact a professional in your area or visit a website like http://www.jdlarsonlaw.com.

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