False Accusations in Virginia Domestic Violence Cases
Being accused of a criminal offense is often an overwhelming experience, especially when you believe you have done nothing wrong. Unfortunately, despite the severity and frequency of household abuse and violence, some people still face questionable or wrongful allegations.
If you mistakenly or incorrectly accused of household violence, consider reaching out to a lawyer to discuss false accusations in Virginia domestic violence cases and how they may help with your case. A seasoned and dedicated attorney could listen to your circumstances and then guide you through each step of the legal process to help protect your rights.
How Frequently Are Domestic Violence Accusations False?
Unfortunately, false and mistaken accusations are a common theme in many domestic violence cases. While there is little empirical data on exactly how many complaints are untrue, as well as how many are under-reported or over-reported, it is known that wrongful allegations are not uncommon.
Sometimes, there may be an incentive for one person to level a false accusation against another, such as a financial incentive if the accuser is seeking a divorce or during child custody negotiations. Unfortunately, these erroneous accusations also color or taint genuine accusations, meaning there is often doubt in a truthful and just domestic violence accusation.
Protection From Wrongful Allegations
If someone is charged with an accusation of violence that did not happen, it is often difficult to prove their lack of involvement when the evidence is based upon the accuser’s words alone. Because of this, numerous factors could be considered in order to contest if these charges are true, such as any evidence of defensive wounds, witness statements, and any motives for a person to fabricate a charge.
However, even if a person believes it is apparent that they are innocent, they might benefit from the counsel of an experienced attorney. A lawyer who is well-versed in these circumstances could help an accused individual to understand their rights and how to navigate the legal system to try to prove their side of the story.
How a Lawyer Might Help With False Accusations in Virginia Domestic Violence Cases
In Virginia, assault and battery of a family member is usually a Class 1 misdemeanor, which may result in up to 12 months in prison and a fine of $2,500. However, certain circumstances may elevate these charges to a felony-level domestic violence offense, punishable by up to five years in jail and a $2,500, or, for a repeat offense, a Class 6 felony with a mandatory minimum of one year in jail.
Because of the severity of these charges, anyone falsely accused may benefit from the counsel and knowledge of a Virginia lawyer. A proactive and tenacious attorney could help to hear your side of events and gather witness statements, police records, and other information to help protect your rights. To discuss your circumstances today, call a legal professional.