Drug abuse, alcoholism, and domestic violence are frequently associated with one another in pending court cases. If you have been charged with domestic violence, speak with Raleigh criminal lawyers from Sandman, Finn & Fitzhugh, attorneys at law. Fighting charges of this nature can be stressful, but every person is entitled to a line of defense. Our staff has the experience to investigate the case and create an effective defense strategy.
Define Domestic Violence Charges
The legal definition of domestic violence is simple and straightforward, with little room for interpretation. Domestic violence charges entail bodily harm injuries inflicted on a person you have or had an intimate relationship with (spouse, partner, parent of your child, former spouse or partner).
Often, the charges are considered a misdemeanor, but they could be elevated to a felony based on the evidence provided. Such circumstances include an accusation of sexual assault to a minor. The grounds of your release will include you not being able to return home or see your children until the charges have been resolved.
Drug Abuse and Alcoholism’s Role in Domestic Violence
Unfortunately, domestic violence is the sad end of a relationship following the actions of a partner suffering from drug abuse or alcoholism. The prosecution’s opening statement will show how the defendant was trying to maintain power and control over the plaintiff. Often, they will offer a pattern of abuse that took place. It shows the defendant’s aggressive behavior toward their partner while under the influence of drugs or alcohol.
Here are the different types of domestic violence acts:
- Threatening to kill the plaintiff
- Displaying a weapon
- Emotional abuse
- Kidnapping or isolating the plaintiff inside the home
- Threatening to take the children away
- Economic abuse
Drug abuse or alcoholism is never the sole reason for committing domestic violence. But a domestic assault lawyer can argue it is one of the contributing factors in what triggered such actions. Your attorney will recommend that you be placed into a substance abuse program. Also, request participation in a domestic violence program that ends your abusive demeanor.
Defense For a Domestic Violence Charge
Every individual charged with domestic violence is entitled to a fair trial. The first line of defense by your domestic assault lawyer is to offer evidence of how drug abuse or alcoholism has overtaken your life. It is a contributing factor to your violent actions.
Your attorney is providing a solid line of defense for you to receive a reduced sentence. However, they must show how the burden of substance abuse contributed to committing the act of domestic violence.
An experienced domestic assault lawyer will define your intimate but complicated relationship with the plaintiff. And provide reliable examples of how your demeanor changed once the drug and alcohol intake increased. The final argument will show there is no logical explanation for your actions except for being under the influence of drugs or alcohol.
The victim’s testimony will confirm your defense in cross-examination during the hearing. The record could show how dire the situation was in the relationship. Their testimony confirms your pledge to be addicted to drugs or alcohol. Your attorney can gain cooperation from the opposing side by negotiating a favorable plea agreement. It could secure a friendly jail sentence or dismissal of all domestic violence charges.
If you are having trouble finding a domestic assault lawyer to defend your case, call an attorney to help you. Our staff has the experience to successfully represent those individuals, who are facing domestic violence charges. Call and schedule an appointment for a free consultation on your pending case.