Falsely Accused?

Let us help you fight these allegations!

In some ways, being falsely accused of domestic violence is even worse than if you actually committed the crime. If you had committed the crime, you would at least be able to take responsibility for your own actions, knowing what you did and how you can avoid repeating the same mistakes. When you are falsely accused, on the other hand, you can easily feel helpless to defend yourself against the allegations. Domestic violence is a serious matter, one that frequently causes irreparable damage to spouses and children alike and which can easily end in tragedy.

The nature of the offense, however, often makes it easier to accuse than to defend against allegations. Law enforcement officers, prosecutors and the public are generally more sympathetic to the accuser than to the alleged perpetrator. While you are legally presumed innocent until proven guilty, the reverse is often true in practice domestic violence cases.

Dedicated Advocate on Your Side

This may be a highly stressful — even overwhelming — experience for you, but fortunately you can find help at the Law Office of James R. Snell, Jr., LLC. You may feel that everyone is against you, and there is a degree of truth in this: Your spouse or former partner is accusing you of committing a crime, your friends may have turned against you, and the police and prosecutor are working to have you convicted.

As true as this may be, remember that we are on your side. Our mission as criminal defense attorneys is to help our clients secure fair treatment under law and avoid the serious consequences of an arrest and criminal conviction. You can level the playing field between you and the prosecution by hiring us to fight for you. We have extensive experience with the criminal justice system, and we know how to get results in the courts in Lexington.

Why were you accused?

False allegations are common in domestic violence cases, perhaps more than in any other type of case. Sometimes an incident which was nothing more than a heated argument turns, in the words of the accuser, into an act of violence. Other times there may have been an instance of assault, battery, trespassing, or a similar offense, but the alleged victim was actually the perpetrator. Spouses and romantic partners will often level false allegations of domestic violence in an effort to take revenge for infidelity or threats of ending the relationship, or perhaps as a way to gain the upper hand in a divorce.

There also many cases where the alleged victim has not pressed charges and does not want the protection order, but the wishes of the victim will typically have little or no bearing on the matter — it is the State of South Carolina that is pressing the charges. South Carolina applies a "no drop" policy to domestic violence charges, a zero-tolerance approach which makes it impossible for the victim to have the case dismissed by request.

When the police respond to a domestic violence call from a neighbor or someone else, they make a judgment call as to whether a crime has been committed and who is the aggressor. They frequently make mistakes in making these determinations, and the wrong person is often arrested. Whatever the circumstances leading to your arrest, the key to handling the situation is to hire an attorney as early as possible.