Strong defense for those facing domestic violence charges
Domestic violence is a serious charge that can have lasting effects on your life and reputation. A Lake Charles domestic violence lawyer from the The Johnson Firm can provide the strong defense you need to fight these allegations and protect your future.
Facing accusations of domestic violence can feel overwhelming, but you don’t have to navigate the legal system alone. The Johnson Firm has the experience and resources to build a solid defense strategy, ensuring your side of the story is heard and your rights are protected.
Overview of domestic violence offenses in Louisiana
Domestic violence, also known as domestic abuse or family violence, involves a wide range of physical, verbal, or sexual offenses in a domestic setting such as in a marriage or a domestic partnership.
Domestic violence entails both physical and non-physical abuse. Punishments are associated with the level and type of abuse, as well as the number of past offenses. Additionally, false accusations signed under oath can result in fines and imprisonment.
Domestic violence accusations include:
- Intimidation through displaying weapons, destroying property, threatening gestures, etc.
- Emotional abuse through name-calling, mind games, or humiliation (both public and private)
- Sexual abuse or causing harm during sexual encounters
- Physical harm through punching, pushing, strangling, slapping, etc., along with prevention from contacting authorities or pursuing medical attention, hurting children, or prohibiting the other party from eating/drinking
Domestic abuse battery is one type of domestic abuse offense. Domestic abuse battery involves: The intentional use of force or violence committed by one household member or family member upon another. According to La. R.S. 14:35.3, the following are punishments that can occur in cases of domestic abuse battery:
- Fines between $300 and $5,000
- Imprisonment (with and without hard labor), from a few days to 50 years
- Probation or parole
- A domestic abuse intervention program
The first offense could carry penalties up to a $1,000 fine and imprisonment for six months, with a minimum of 48 hours served. In the most severe cases, such as burning (injury through chemical or thermal reaction) which results in serious bodily injury, the offender can serve up to 50 years.
Another type of domestic abuse involves domestic abuse aggravated assault which involves an assault with a dangerous weapon. Such offense warrants its own set of penalties, which can include a fine of up to $5,000 and incarceration for up to 5 years.
According to La. R.S. 46:2132 – 46:2136.3, domestic abuse, whether physical or non-physical, can result in a petition for a protective order and/or restraining order. The offender can also be prohibited from the possession of a firearm while a protective order is active.
Regardless of the type of domestic abuse that you’re being accused of, an experienced Lake Charles domestic violence lawyer from The Johnson Firm is here to be your guide through this difficult process.
Click here to read about Louisiana Protective Order Laws for Domestic Violence
Why choose our top-rated defense team
If you are facing domestic violence charges, we are here to support you every step of the way. We are committed to achieving the best possible outcome in your case and providing a strong defense on your behalf.
Accusations of domestic violence can have serious legal and personal consequences. At The Johnson Firm, we thoroughly examine every detail of your case to build a compelling defense strategy. We challenge weaknesses in the prosecution’s evidence, protect your rights, and work to minimize or eliminate penalties whenever possible.
What are some possible defenses against domestic violence charges?
At the very first hearing in your case, our criminal defense attorney files numerous motions requesting any and all evidence that the prosecutor intends to use against you in order to strategically employ defenses aimed at achieving the best possible outcome in your case, whether it be a reduction in charge(s) or an outright dismissal.
These motions also demand evidence that the state has in its possession which is favorable to the defendant’s case, commonly referred to as exculpatory evidence. Likewise, often times it is necessary for additional motions be filed to demand evidence not initially disclosed that shed light on a sloppy investigation, dishonest police officers, or a failure by the police to preserve evidence and/or follow policy.
To that end, evidence may be suppressed (i.e. ruled inadmissible/thrown out) if it is determined that such evidence was unconstitutionally seized or if the police officer failed to preserve evidence properly as required by law.
The following are some domestic violence defenses that have been successfully utilized.
No intent
It must be proven that a person had specific intent to harm the alleged victim. However, the defendant may not have been able to form intent for various reasons, including but not limited to, incapacity due to mental illness/medical condition, involuntary intoxication, or an honest mistake.
When such is the case, our criminal defense attorney and our investigator will zealously investigate the case to find corroborating evidence to support this defense in court and/or to bolster negotiations with the prosecutor to have your case dismissed or substantially reduced prior to trial.
Self defense and/or defense of others
If a person feels threatened or has a reasonable fear that someone else would be harmed or their property would be damaged, they have a legal right to defend themselves, others, and/or their property. Louisiana is a stand your ground state.
Likewise, our criminal defense attorney has successfully gotten cases dismissed and won jury trials based on this defense.
False allegations
In some cases, an alleged victim will fabricate some or all of their version of events to officers with the sole purpose of getting the other person arrested. When such is the case, our criminal defense attorney and our investigator will zealously investigate the case to find corroborating evidence to support this defense in court and/or to bolster negotiations with the prosecutor to have your case dismissed or substantially reduced prior to trial.
Violation of constitutional rights
Everyone has a constitutional right against self-incrimination; therefore, an officer must advise a person of their rights, including their right to refuse questioning, prior to any interrogation and/or testing.
Officers routinely fail to properly honor a suspect’s right to refuse questioning or cutoff questioning. Accordingly, when the officer fails to honor the suspect’s rights, statements made by the subject may be suppressed and the charges dismissed.
Missing video footage
Law enforcement agencies have specific policies and procedures in place that mandate officers to record their investigation and interaction with parties involved.
Therefore, unit and/or body camera footage should be available from every officer that was on scene assisting with the investigation in order to give an accurate depiction of the events that took place. When material and or exculpatory video is lost, our criminal defense attorney will seek to have the charges dismissed based on a violation of due process.
Warrantless search/seizure
Officers must obtain a valid warrant prior to searching and seizing evidence from a person’s property. If the facts listed in the affidavit supporting the warrant do not constitute probable cause, our criminal defense attorney will file a Motion to Suppress the evidence seized as a result of the invalid warrant. This can result in your charge(s) being dismissed or drastically reduced.
Speak with an experienced Lake Charles domestic violence lawyer in town today
Seek justice with The Johnson Firm
Domestic violence accusations can be an emotional and contentious situation – don’t fight this battle alone. The Lake Charles criminal defense lawyers at Johnson Firm will help you through this difficult time, outlining your options for defense and supporting you throughout the legal process.
