Domestic Violence Defense Lawyer
Any domestic violence allegation in Pennsylvania will be taken seriously, and the penalties enforced if you’re convicted of behaving violently or abusively toward your spouse or partner may be severe. But everyone has the right to a fair trial and a robust defense. After all, it’s not uncommon for feelings of frustration, anger, and embarrassment to be taken out of context and interpreted as domestic violence. In these situations, the help of an attorney may be valuable.
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If you’ve been charged with a domestic violence-related charge, it’s essential that you get in touch with an experience Montgomery County criminal defense attorney who can provide you with expert guidance at every stage of the legal process. A lawyer may be able to help you sidestep the statutory offenses associated with a conviction and maintain a positive reputation among friends, family, and colleagues.
How is Domestic Violence Defined in Pennsylvania?
Contrary to popular belief, Pennsylvania law doesn’t set out a separate criminal charge of “domestic violence.” Rather, a domestic violence charge occurs when a person commits a particular crime against another in a domestic relationship with the suspect.
Under Pennsylvania law, the police are given the right to arrest an individual who’s suspected of domestic violence—even without a warrant—so long as the officer has probable cause that certain types of offenses have been committed against someone in a domestic relationship. Though officers are permitted to make a warrantless arrest, it’s important to note that not every arrest is administered correctly. With the right lawyer by your side, your arrest may be successfully challenged in court.
Domestic violence can come in many shapes and sizes, and it’s not limited to causing physical harm. For example, domestic violence may be in the following forms:
- Physical abuse: Physical abuse involves force being used against the victim in order to cause injury. Even if the violence doesn’t cause a significant injury, it may still be considered physical abuse.
- Sexual abuse: Sexual abuse isn’t just limited to sexual assault and rape but also includes sexual harassment such as unwelcome touching and demeaning behaviors. Likewise, being coerced into not using a contraceptive or having an abortion are also forms of sexual abuse.
- Emotional abuse: Emotional abuse involves putting the victim into a negative state of mind or making them feel less worthy. This can be brought on in a number of ways, such as persistent insults, criticism, or humiliation.
- Economic abuse: In this case, the victim feels financially reliant on their spouse or partner.
In Pennsylvania, police have different authority when responding to domestic violence-relatedcharges. Police have elevated arrest power when dealing with a particular person who’s considered “family or household members,” including:
- Intimate dating partners
- Those who have parented a child or children together
- Those who have “lived as spouses”
- Children, stepchildren, or adopted children
- Others related by blood of “affinity”
It’s important to note that there are situations where other individuals may qualify under this definition, especially if they’re sharing the same household as the alleged abuser. An experienced criminal defense attorney may be able to help you determine whether this applies to you based on the circumstances of your case.
Potential Defense Strategies for Domestic Violence Offenses in Pennsylvania
Domestic violence allegations sometimes boil down to one person’s word against the other. With that in mind, it isn’t always necessary for your lawyer to prove that you’re innocent. Like all criminal defendants, you’re innocent until proven guilty, which means that it’s the prosecutor’s role to prove your guilt. Your attorney may question the credibility of the prosecutor’s witnesses and physical evidence that raises a reasonable doubt in the jurors’ minds.
There are several possible defenses to the crime of domestic violence in Pennsylvania, including the following:
- Self defense
- False allegations
- Insufficient evidence
- Mental incapacity
- The alleged victim lied
- It was an accident
It’s crucial that you don’t try to attack this case alone. An expert Montgomery County domestic violence defense attorney will best be able to help you understand the law and choose a winning defense strategy based on the circumstances of your case.
Aggravated Indecent Assault
Contact an Experienced Domestic Violence Defense Lawyer in Montgomery County
If you’re facing a domestic violence charge, it’s crucial that you speak with a trusted domestic violence defense attorney as soon as possible. For legal assistance, look no further than the experienced lawyer at Rubin, Glickman, Steinberg & Gifford. Our firm takes a client-centered approach that will help make the legal process as painless as possible, and our highly trusted legal team is dedicated to fighting for your rights.
For more than 65 years, the attorneys at Rubin, Glickman, Steinberg & Gifford have been serving clients’ legal needs in Montgomery County, Bucks County, Lehigh County, Chester County, Delaware County, and throughout the surrounding areas. We’ve earned the trust of clients facing a variety of legal problems. Give us a call at (215) 822-7575 or complete our online contact form today.