False Accusations of Domestic ViolencePublished: Jun 23, 2017, by in Assault & Battery, Criminal Defense, Legal Blog
Domestic violence is a crime that usually occurs in private and behind closed doors. In most cases, there are no witnesses of the offense besides the victim and the alleged perpetrator. When the alleged violence does not leave a mark or injury, it can be very difficult to prove what actually happened. In some cases, no violence actually happened – the case resulted from false accusations.
There’s no way to be sure how many domestic cases arise out of false accusations. Most cases get resolved before the trial, when the accuser’s misrepresentations might be revealed through cross examination. If you are being charged with domestic violence, you must act fast and get an attorney working on your behalf immediately. Through prompt and decisive action, it may be possible to win your case before it goes to trial.
To find out more, call O’Meara Law today at 312-909-0706 for your free and confidential consultation.
How Can a Lawyer Prove the Accusations Against You Are False?
Your conviction for domestic violence can occur under only two conditions: you admit to the crime, or the prosecutor proves that you did it beyond a reasonable doubt. To prove your guilt, the prosecutor will need to gather and present evidence in court. Your lawyer’s job is to poke holes in this evidence, and in some instances to prevent that evidence from ever getting presented.
In the context of domestic violence cases, any of the following types of evidence may be used against you. Your Illinois criminal defense attorney will need to show how this evidence falls short of demonstrating your guilt:
- Medical records – If your accuser went to the hospital after the alleged abuse, the records of the treatment will be central to the prosecution’s case. The medical records show that an injury occurred, but they do nothing towards proving the identity of who caused the injuries. Your lawyer will emphasize that nothing about the accuser’s medical records proves that you caused the injuries.
- Photographs of injuries – Like with medical records, all photographs do is prove that an injury occurred. That’s not enough to sustain your conviction. The prosecutor must prove beyond a reasonable doubt that you caused those injuries.
- Statements from witnesses – In most domestic violence cases, the primary witness is usually the accuser. Your lawyer can discredit the accuser’s testimony by highlighting gaps and inconsistencies in their story. Further, it may be possible to prove that the accuser has a motive to make false accusations. For example, the domestic violence charges might sway the outcome of a divorce or custody case in the accuser’s favor.
- Police records – When the police respond to a domestic violence call, they will record the statements of the victim and of the alleged abuser. By contrasting the police reports with the officers’ statements under cross-examination, it may be possible to shed doubt on what actually transpired.
Avoiding the Penalties of a Domestic Violence Conviction
The effects of a domestic violence conviction can be devastating. A first domestic battery offense is charged as a Class A misdemeanor, carrying a one year sentence and $2,500 in fines. Your conviction will be public information, which can seriously jeopardize your professional and personal life. The only way to avoid the long-lasting consequences of a criminal conviction is to fight your charges with the help of a skilled Chicago domestic violence attorney.
At O’Meara Law, we are dedicated to serving the interests of our clients and ensuring that false accusations do not ruin their lives. As a former prosecutor, attorney Michael O’Meara knows how the state will build its case against you, giving him the unique ability to anticipate and counter its arguments.
If you’re facing charges of domestic abuse, call O’Meara Law today at 312-909-0706 and we’ll give you a free and confidential case consultation.