What Are Potential Defenses to Domestic Violence Charges in Michigan?

What Are Potential Defenses to Domestic Violence Charges in Michigan?

An accusation of domestic violence can change your life almost instantaneously. One moment you are arguing with a partner or family member, and the next you are facing arrest, a restraining order, and the potential loss of your reputation and freedom. The anxiety of now having to navigate the legal system is overwhelming, especially when your future and access to your children are on the line.

At Lucido & Manzella, we understand that there are two sides to every story. Our experienced criminal defense team knows that an accusation is not the same as a conviction. We are dedicated to providing the legal defense you need to protect your rights and your relationships.

How Can You Defend Yourself Against Domestic Violence Charges?

When facing serious charges under Michigan law, it is easy to feel like the odds are stacked against you. However, several strong legal defenses can be employed to challenge the prosecution’s case.

Here are four critical areas we consider when building a defense strategy:

1. The Burden of Proof

In any criminal case, the burden of proof rests on the prosecution. You do not have to prove your innocence; the prosecutor must prove your guilt beyond a reasonable doubt.

This means the jury must be “firmly convinced” of your guilt. If there is a fair, honest doubt based on reason and common sense, you cannot be convicted. Our role is to highlight the gaps in the prosecutor’s narrative to show that this high standard is not met.

2. Challenging Witness Credibility

Domestic violence cases can quickly boil down to “he said, she said” scenarios with no third-party witnesses. In these situations, the credibility of the accuser is paramount. We meticulously investigate the circumstances surrounding the allegation to identify:

• Inconsistencies in the accuser’s statement to police versus their testimony in court.
• Ulterior motives, such as gaining leverage in a pending divorce or child custody battle.
• History of false accusations or dishonesty.

3. Lack of Corroborating Evidence

To secure a conviction, the prosecution typically needs more than just a verbal accusation. We look for a lack of physical evidence to support the claims made against you. This might include:

• Absence of injuries: If the accuser claims a physical assault occurred but has no visible marks, bruises, or medical records to support it.
• Lack of witnesses: No neighbors heard shouting, and no other household members saw the altercation.
• Contradictory evidence: The existence of text messages, emails, or voicemails that contradict the timeline or nature of the alleged event.

4. Self-Defense

You have the opportunity to claim self-defense in a domestic violence charge. Under Michigan law, you have the right to defend yourself if you honestly and reasonably believe you are in danger of imminent unlawful force. If evidence of self-defense is introduced into your case, the burden of proof remains on the prosecution to disprove that you acted in self-defense. 

Protect Your Future Today

Facing a domestic violence charge is incredibly stressful, but you can find a way forward with skilled legal assistance. The specific facts of your case matter, and a strategic defense can make the difference between a conviction and a dismissal. At Lucido & Manzella, we provide confidential support and aggressive representation to help you move ahead with dignity.

If you have been accused of domestic violence, don’t wait. Contact us today to discuss your situation and explore how we can help you defend your rights.