Proving You Did Not Hit Your Spouse: Tactics And Tests Your Criminal Defense Attorney May Use

If you have recently been jailed on a domestic violence charge and your spouse suddenly has a lot of physical proof you did hit him or her, then you need to get a criminal defense attorney right away. There have been some very strange cases of domestic violence whereby the accuser caused him- or herself harm, and then accused their spouses of the injuries. There are also some special mental illnesses which could be at play when a spouse has several sudden injuries and blames an innocent party. A criminal defense attorney has some tactics and devices which can help uncover the mysterious truth in your case.

Mental Illnesses That Place the Blame on You and Tests That Prove You Are Innocent

Munchausen syndrome is one mental illness that could lead to your incarceration at the hands of your spouse. If your spouse has Munchausen syndrome, he or she seeks the sympathy, attention and comfort of others by harming him- or herself and then seeking out help from doctors, nurses, police and anyone else who might have a sympathetic ear. The problem here is, you would be incarcerated for a crime you did not commit, brought on by the actions of someone who is quite ill mentally. Another mental illness that causes a person to self-harm and blame others is borderline personality disorder. Your lawyer can request a psychological evaluation of your spouse to see if these mental illnesses and symptoms are present in your spouse.

Strike and Angle Tests

A person who hits him- or herself has very different wounds than someone who is the victim of domestic violence. This is especially true if you are taller or shorter than your spouse. Your blows, strikes and the angles at which your blows and strikes would meet your spouse's body are different than self-inflicted blows, even if your spouse used other instruments and implements to inflict self-harm. Your lawyer can request that professionals in this area of forensic science take a look at pictures of your spouse's wounds and welts and perform some laboratory tests to prove you did not strike your spouse.

Matching the "Freshness" of Blows Against Your Timetable

Additionally, bruises, welts and knots take time to develop. Your lawyer may be able to accurately timestamp when the injuries occurred (proving that you did not cause them) by showing the events leading up to when you were removed from your home, how and when the marks on your spouse appeared, and the time stamped on the pictures taken of your spouse's injuries. This type of forensic science is a little trickier because people bruise up and welt up at different rates, but it may be worth a try if you do not have much else to go on. Contact a lawyer, like Jeffrey D. Larson, Attorney at Law, with any questions.