Mississippi Criminal and Family Law BlogDomestic violence may be a common offense in Mississippi, but it is also one with serious potential consequences. If you have been accused of domestic violence in Mississippi, you might be wondering how you can defend yourself against such allegations. In truth, there is no single “best” defense strategy in regard to domestic violence allegations. The most effective approach depends entirely on your unique circumstances, and you may need to discuss your situation alongside a defense lawyer before moving forward. That said, numerous defense strategies have the potential to provide results for domestic violence defendants – and they may all be worth considering.
Insufficient Proof
The first thing you must understand about domestic violence allegations in Mississippi is that the accuser has the burden of proof. This is true with all criminal cases in the Magnolia State, and it means that you are innocent until proven guilty beyond reasonable doubt. If the alleged altercation occurred behind closed doors and with no other witnesses, it becomes very difficult to prove that the incident ever occurred at all. “He said, she said” evidence does not stand up to scrutiny in court, and you are perfectly justified in exercising your right to remain silent. If the prosecution fails to establish that you committed some form of domestic violence beyond reasonable doubt, the court should have no choice but to drop all charges against you.
Even if the alleged victim presents certain evidence against you, you can also take steps to defend it. For example, the victim may provide the court with photographs of her injuries, stating that they occurred as a result of the incident. You may then point to social media posts published prior to the alleged domestic violence. If these posts show the same injuries, it should be clear that the evidence is completely unreliable.
Perhaps neighbors claim to have seen or heard you fighting after venturing into their backyards. These witnesses can be questioned and cross-examined to expose the unreliable nature of their testimony. Perhaps they have poor eyesight, and they claim to have seen you fighting after leaving their glasses inside their home.
It Was a Genuine Accident
Intent is an important required element for a successful domestic violence conviction. If you harmed the alleged victim due to a genuine accident, you cannot face charges unless you engaged in seriously reckless behavior. For example, you might have stumbled on a set of stairs before falling forward and striking your spouse in the back. Even if your spouse believes that you tackled them, you can argue that the physical contact was completely unintentional. The same logic may apply to a wide range of other situations.
Self Defense
Another potential defense strategy for those accused of domestic violence is self-defense. In Mississippi, you are perfectly justified in defending yourself against real or potential threats. If your spouse is threatening you or advancing upon you in a menacing manner, you may be justified in using physical force to deter them. Even a small spouse can cause serious damage if they approach you with a knife, a blunt instrument, or another deadly weapon. A thrown object can also cause serious, life-altering injuries. You do not need to simply stand idly by and allow yourself to be harmed.
Note that not all self-defense may be permissible under the law. One of the most important requirements is that you use a level of force that is equal to the threat you were facing in the moment. For example, if your spouse raises a fist against you, it is not legal to draw a firearm and shoot them in the kneecap. It is, however, permissible to push them away or strike them with your own fist. If a spouse attacks you with a deadly weapon, it may be legally acceptable to defend yourself with deadly force. Note that you may also defend people you care about against threats. Finally, it may be acceptable to defend your property against damage carried out by a violent spouse.
Find a Qualified Domestic Violence Defense Lawyer in Mississippi
If you have been searching for a qualified domestic violence defense lawyer in Mississippi, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous defendants – including those accused of domestic violence. Although these charges may seem daunting, various defense strategies have proven successful in the past – and they have the potential to provide results once again in the future. To discuss your unique situation in more detail, consider scheduling a free consultation today.