It is well documented that periods of crisis such as the COVID-19 pandemic can lead to a surge in domestic violence. Mandatory social isolation combined with widespread unemployment and increased rates of firearm ownership create an environment for domestic violence to occur more frequently. A UN organization called the United Nations Population Fund has released a study indicating that the COVID-19 lockdowns could result in at least 15 million additional cases of “intimate partner violence” worldwide. Although statistics are still being collected, there is a general consensus that COVID-19 will continue to exacerbate the problem of domestic violence both in the United States and abroad.
And yet, largely overlooked by the media in its reporting on COVID-19 and domestic violence is the fact that a sizable number of domestic violence charges are based on false allegations. It is an unfortunate truth that many domestic violence charges boil down to a case of “he said, she said” without any physical evidence or third-party witness testimony.
What are your options if you are being prosecuted for domestic violence but you are actually innocent of engaging in that kind of criminal activity?
The answer is to hire a criminal defense law firm like Raybin & Weissman, P.C. and aggressively fight the charge. Raybin & Weissman is a Nashville-based firm that is nationally recognized for its ability to aggressively represent criminal defendants on a wide range of criminal matters – from relatively low-level misdemeanors to the most serious felony offenses. Should we decide to work together, you can be confident that your criminal defense lawyer at Raybin & Weissman will make every effort to expose this domestic violence charge for the untrue allegation that it is.
Potential Defenses to a Domestic Violence Charge
The domestic violence lawyer that you hire from Raybin & Weissman will thoroughly analyze the facts of your case and formulate a strategy based on one or more of the following defenses commonly seen in domestic violence prosecutions in Nashville and elsewhere:
A frequently used strategy in domestic violence cases is to argue that the defendant used physical force in self-defense. The defendant’s domestic violence attorney could, for example, submit evidence showing that it was the “victim” who initiated physical violence, and that the defendant took reasonable and proportional measures to defend him- or herself.
Many people allege that domestic violence has occurred as a way to inflict revenge or gain an advantage in a separate matter – all in the absence of an actual physical altercation. Depending on the strength of the state’s evidence, a lawyer could successfully argue that the charge is based entirely on a false allegation.
To convict someone of the crime of domestic assault in Tennessee, the state must prove every element of the offense beyond a reasonable doubt. A lawyer can introduce evidence on your behalf in an effort to prevent the state from meeting that high burden of proof.
Contact Raybin & Weissman, P.C. if you have been falsely accused of domestic violence and would like to speak with a member of our criminal defense team about your legal rights and options. Either call us at 615-256-6666 or complete this convenient online form to schedule a consultation.