Know Your Rights When Accused Of Domestic Violence

Know Your Rights When Accused Of Domestic Violence

The accused party in a domestic violence case does not always have the upper hand. Since this case involves serious matters, getting out of it alone can be challenging. This can change a person’s life completely — depending on the gravity of the case and the way it was handled by the attorney of the accused.

Suspects of domestic violence have rights that need to be protected. If you’re currently facing this criminal charge and don’t know what to do, you might want to learn more about domestic violence and the rights of the accused before, during, and after trial. A Philadelphia assault lawyer can walk you through the process every step of the way. 

What Is Domestic Violence?

Domestic violence involves knowingly and intentionally causing physical harm or injury to a member of the perpetrator’s household. It may also include putting the victim in a threatened position where there is an imminent fear of injury or death. Some people have the misconception that domestic violence may only be done against the spouse. However, this is just one of the forms of domestic violence. There are other criminal acts that may be considered domestic violence by the courts: 

  • Sexual assault, or performing sexual acts without the consent of the other
  • Rape, meaning sexual intercourse without consent or achieved through the use of threats and force
  • Abusive behavior, which is often demonstrated through violent acts done consistently against another
  • Threats, or that which causes persons to fear for their lives due to the threats of bodily injury to be inflicted upon them 
  • Child abuse, or being sexually and physically violent towards children

These must be proven beyond a reasonable doubt in court for the case to end in favor of the victim. 

What Are My Rights As The Accused?

Like people who are accused of other crimes, you will be granted the same rights such as the following:

  • Right to remain silent
  • Right against self-incrimination
  • Right to be free from unreasonable search and seizure under the 4th Amendment
  • Right to cross-examine witnesses
  • Right to challenge evidence through a motion to suppress 
  • Right to an attorney

To be able to invoke these rights more effectively, you’ll need the assistance of a reliable counsel to walk you through these rights and guide you through the proceedings. 

Talk To The Best Criminal Lawyers In Philadelphia

Our firm has seasoned and experienced criminal lawyers who have handled various criminal cases such as sexual offenses, drug cases, and federal regulation violations, among others. Richard J. Fuschino Jr. is a former prosecutor who helped many clients get a “not guilty” verdict. If you’re currently facing a domestic violence charge, contact us or call 215-515-8600. We offer a free consultation.