For anyone in Oregon who has been charged with a crime of domestic violence, it can seem like the burden of proof is flipped. Typically, in a criminal case, the burden is on law enforcement and the prosecution to prove that a defendant committed the crime in question. These days in America, that burden seems to be far from the realistic state of things. Today, it can feel like defendants have the burden of proving their innocence. In domestic violence cases in particular, this dynamic can be quite clear.
An arrest is not a conviction
However, even if the prevailing perspective in America today is that someone must be automatically guilty if they are arrested for a crime, the reality is that an arrest is not the same as a conviction. When Oregon residents face domestic violence charges, they have the right to present a defense in their cases.
Being convicted of a crime of domestic violence can come with some harsh consequences. Besides the prospect of jail or prison time, and possibly fines, someone who is convicted of a domestic violence charge may also be required to enroll in a “batterer’s program,” which is intended to help those who are convicted of domestic violence charges understand the harm they have caused and to prevent it from happening again. There could also be consequences when it comes to child custody arrangements and, of course, there is the possible social stigma of being commonly labeled as a “domestic batterer.”
At our law firm, we understand that domestic violence charges can be tough to overcome or defend against. We do our best to help our clients understand their options. For more information, please visit the domestic violence defense overview section of our law firm’s website.