Claiming Self-Defense In Roanoke, Virginia Domestic Violence Cases
This is the fourth post in our series on dealing with a domestic violence charge in Roanoke, Virginia. Our last article provided information about the process that occurs after an arrest for domestic violence has been made. We also provided details on why it is imperative that defendants retain a criminal defense attorney after such a charge. In this article we will discuss claiming self-defense in these cases. Contact our office today if you require assistance.
Roanoke defendants may have a viable self-defense claim after being charged with domestic violence
The right to defend oneself against a violent attack is a basic one that we all share. This is true even if the person you are defending yourself against happens to be a loved one. It is important to understand that when using force against an attacker, you may only use the amount of force reasonably necessary to stop the assault. If excessive force is utilized, the Roanoke Court may find that your conduct has gone beyond what is considered “self-defense” and you have actually committed an assault or battery as well. To provide an example of a reasonable amount of force, suppose that you and your spouse have gotten into an argument. He or she begins to push you and you eventually find yourself pinned against a wall. If you decide to push your spouse back, then your actions will likely be considered self-defense. However, if you decide to pick up a lamp and hit your spouse over the head with it, you may be considered to have used excessive force. Remember that the amount of force necessary to stop an attack will depend on the particular circumstances of your case. Defendants should always consult an attorney before deciding to claim self-defense.
Roanoke defendants may be charged with domestic violence even though they were acting in self-defense
It is important for defendants to realize that the police do sometimes make mistakes. When officers arrive on the scene of an incident, they are not always aware of who the actual aggressor is. If each side is claiming that the other attacked them, the police will use the evidence available to them to decide on who to arrest at that moment. Sometimes both parties will even be arrested. However, if a defendant is arrested, he or she will have to provide evidence that they were acting in self-defense at the time of trial. An experienced criminal defense attorney can conduct a thorough investigation into the matter and may be able to acquire witnesses and other evidence that supports a claim of self-defense. If you have mistakenly been arrested for domestic violence, contact our office today to speak with a Roanoke lawyer.We also serve the cities of Cave Spring, Salen, the Botetourt County of Hollins, the Bedford County cities of Bedford and Forest, the Franklin County city of Rocky Mount, and the Montgomery County cities of Blacksburg, Christiansburg, and Radford.