New Jersey Domestic Violence Lawyer Defending the Unjustly Accused
While domestic violence is a serious issue, false allegations of domestic violence are a very real issue as well. In many instances, police officers are required to make an arrest when responding to 911 calls claiming domestic violence, and being arrested in front of your neighbors, family members, and maybe even your children can have devastating consequences. Sadly, this is true regardless of the truth or falsity of the allegations against you.
From there, the consequences often only get worse. New Jersey law imposes severe penalties for domestic violence offenses. In addition to fines and jail time, you could also face:
- Losing the right to see your children,
- Losing the right to live in your own home,
- Losing the right to own a gun,
- Being forced to seek psychological counseling, and
- Being terminated from your job due to being labeled a domestic violence offender.
Defending Against False Allegations of Domestic Violence
While it may seem that the cards are stacked against you, there are several ways to expose the falsity of allegations of domestic violence. To protect yourself against unjust consequences, you need to strategically assert the defenses that are most likely to prevent a guilty verdict at trial. Depending upon the particular circumstances surrounding your arrest, some of the defenses you may have available include:
- Alibi – If you can demonstrate that you were not present at the time the alleged assault or abuse took place, this is what is referred to as an alibi. An alibi is a complete defense to criminal culpability, because, if you were not present, it is not possible that you could have committed the crime alleged.
- Burden of Proof – In criminal cases, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. If you can successfully challenge the government’s evidence on any element of the underlying crime alleged (such as assault, harassment or stalking), you can avoid conviction at trial.
- Constitutional Violations – From unlawful searches and seizures to a violation of the right to a speedy trial, if police or prosecutors violated your constitutional rights, this can protect you against a conviction as well.
- Evidence of False Allegations – If you can find evidence that the allegations against you are false (such as by utilizing text messages or witness testimony), this can protect you against unjust prosecution. When we handle cases of false allegations, finding this type of evidence is often one of our top priorities.
- Self–Defense or Defense of a Child – If you were defending yourself against a domestic assault, or if you were protecting a child against physical or sexual abuse, this can provide a defense to domestic violence allegations even in the event of an altercation.
Contact Our Criminal Defense Law Offices to Discuss Your Case
Due to the potential for severe consequences, if you are facing false allegations of domestic violence, it is critical that you seek legal representation from an experienced criminal defense attorney. Attorney Scott Gorman has represented hundreds of defendants, and he can help you to avoid an unjust conviction. To schedule a free and confidential consultation, please call (201) 489-9199 or tell us about your situation online today. We help clients throughout New Jersey, including Morristown and Essex County and more.