If you are facing domestic violence, assault, child abuse charges or restraining order violation charges in Pennsylvania you are looking at very serious legal consequences that will disrupt many areas of your life and perhaps land you in jail. When facing any type of violent crime charge you need skilled legal representation in your corner fighting for, and protecting, your rights. Our Philadelphia domestic violence defense attorneys will evaluate the police report of the incident and will then formulate their defense.
Please click here to connect with our Philadelphia domestic violence defense lawyers. They offer free case reviews and serve the Allentown, Easton, Media, Philadelphia, Norristown, Chester and West Chester areas.
By studying the police report, our attorney’s goal is to come up with answers to the following questions:
• What did you tell the police about the incident and is there a 911 recording that supports or challenges that information?
• Did other people witness the incident and does their account support your claims?
• How recent are the victim’s injuries?
• What was your emotional state during the reported incident?
• What was your emotional state at the time of the police interview?
• What was the emotional state of the victim?
• Does the report note visible signs on your clothes or person that you had been in a struggle e.g, injuries, and ripped or bloodied clothes?
• Are there past reported incidents of violence filed against you by the defendant or other people?
• Does the home show signs of physical struggle?
• Do the police observations of the scene contradict your version of the events?
• Were you or the victim inebriated?
Based on the findings, your Allentown criminal defense attorney will conclude whether the charges against you are minor or major. Our PA domestic violence attorneys will also learn whether you have made any statements that could incriminate you or that are inconsistent with your defense.
Common Defenses Against Domestic Violence
If our violent crime attorneys discern that the police report is consistent with your defense, they will gather evidence to reinforce it. Domestic violence defenses fall into seven main categories:
- I did not do it If you claim is that the victim suffered abuse at the hands of another person, your attorney will look for material to support that claim as follows:
◦ Your lawyer will seek to establish your whereabouts meaning
were you or weren’t you at or even near the scene at the time
of the crime.
- Our Philadelphia domestic violence defense lawyers will try to establish a credible alibi. They will look for any incriminating evidence that can prove you were at the scene. For instance, the 911 recording may have picked up your voice, neighbors could have seen or overheard you, there’s physical evidence to suggest you were at the scene.
- She/he lied It’s also possible that your spouse or partner could have fabricated the whole story in a bid to get even. If this is your defense, then our Norristown domestic violence defense attorneys will seek to establish:
- Whether the injuries on the victim support your version of the story.
- Whether your story is inconsistent with the crime report. For instance, if you say the victim injured herself in the shower but there’s nothing in the report to suggest signs of any injuries taking place in the shower.
- It was an accident This means that you don’t deny you were there when he got injured, and that you caused the injury
unintentionally. If your defense is that the whole incident was an accident, our attorneys will investigate to confirm the consistency
of your story. For instance, if you claim that the hammer slipped and hit your spouse while you were doing some repairs in the
kitchen, our lawyers will check for repairs in the kitchen, location of the hammer, positioning of your spouse during the accident and blood stains on other possible weapons.
- I was defending myself If you claim you were only trying to defend yourself or your kids, our attorneys will:
- Check the police report for admissions by the victim to having used violence.
- Find out the reason why the victim used violence. For instance, was the victim afraid of you?
- Compare your story to the account you gave to the police.
- Check whether some of the injuries suffered by the victim suggest self-defense on your part.
- Check for defensive injuries on your person.
- Look for inconsistencies. For instance, is there any damage in the home that could only have been caused by you and not the victim, such as punch holes in the walls that could only have been made by your fists.
- The instance of domestic violence can’t be proven beyond a reasonable doubt If your defense is that the victim won’t testify
for some reason or because there’s no proof of the allegations against you, our West Chester domestic violence attorneys will:
- Determine whether the prosecutor’s case is built around the victims allegations.
- Find out if there were any injuries on you and if so, were they only defensive injuries.
- Confirm whether the officer’s report noted that the scene had damaged property.
- Confirm the existence of physical evidence at the scene that could implicate you in assaulting the victim. For instance, fingerprints on any broken items that could have been used as a weapon could implicate you.
- Check whether you made a statement at the scene and what was the statement?
- Will establish whether you made threats to intimidate the victim from testifying I did it, but it was a result of the partner’s behavior If you admit that you assaulted the victim but assert it was the victim’s fault either as a result of their temper, abuse of your children or medical condition, our Media, PA criminal defense lawyers will:
- Assess whether the prosecutor can prove anything beyond he said-she said.
◦ Will assess whether there’s any evidence that can corroborate the victim has violent tendencies.
- I did it, but the police can’t bring charges against me If you
committed the assault but the police committed investigative errors
during the investigation, our lawyers will take steps to prove the
police misconduct by showing that the police did one, some, or all of the following:
- The police interrogated you while in their custody but neglected to adequately record the interrogation
◦ The police did not read you Miranda Rights during custodial interrogation
◦ Your were denied your request for a lawyer
◦ Police questioned you after you have specifically invoked your right to remain silent
◦ There was no probable cause to conduct a search or interrogation
◦ The circumstances of the incident were not urgent enough for a search to be conducted without a warrant
◦ The police failed to ask you to provide your account of the events before they arrested you. In most cases of domestic violence, police operate with a bias against the accused, which constitutes an injustice.
There was physical evidence but police did not collect it
◦ Police did not question eyewitnesses present at the scene
◦ The police report does not sufficiently describe the incident or offer any observations
The success of your defense will depend on your cooperation with your attorney. Being upfront with all details related to the case will make the entire process much easier. Withholding any vital information could mean the difference between your freedom, or losing your job and even going to jail.
Please contact our Allentown, Pennsylvania domestic violence defense lawyers right away for a free case review. They will do everything necessary to protect you, your rights and your reputation.
With offices throughout the Philadelphia area they serve Bucks County, Delaware County, Lehigh County, Montgomery County, Northampton County and Philadelphia County, PA.