The Complexity Of Domestic Violence Cases
Domestic violence cases can be quite complex for any victim physically and emotionally, considering the trauma they must endure and relive when proceeding with a case. What can be even more taxing emotionally is having a defendant proving their innocence when they tried to defend themselves. In domestic violence cases where the defendant faces potential charges for what they believe was self-defense, it can feel like such a bewildering moment. Thankfully there are ways to prove self-defense, and at Caplan & Tamburino Law Firm, P.A. we have the experience to help you do so.
How To Qualify For Self-Defense
When it comes to self-defense claims, it is not a complete hand waving of any violent actions taken against an offender, as there are limitations to the self-defense claim. For starters, if an individual wishes to claim self-defense, they must not have instigated violent actions and only responded to an attack. If it is found that the individual initiated harm by attacking first, then self-defense claims will be rejected.
Additionally, the use of force that the defendant reacted with must be reasonably proportionate to the domestic violence incident. In other words, if an individual were the victim of verbal harassment, responding by shooting and fatally wounding the offender would likely not be seen as self-defense. Of course, in circumstances where the defendant has faced severe harm, there are possibilities in which even drastic violent action can be seen as self-defense. If the individual felt in some way that their life was threatened or thought they were in danger of facing immediate harm, they can make a self-defense claim.
Building A Case For Self Defense
Proving self-defense can be complicated, depending on the case. Often the best evidence to have when proving self-defense involves statements and police reports highlighting that the individual claiming self-defense has gone on record stating that they did not instigate violent actions first, as well as other eye-witness testimony. The challenge can be acquiring some form of audio, written or visual evidence that highlights the individual was only responding in defense. Proving self-defense is a crucial step in any domestic violence case, as it can help strengthen the case for the defendant if the case goes to trial.