Battered Spouse Syndrome

Battered Spouse Syndrome Defense in Missouri. In some criminal defense cases, the dynamics of the relationship between you and the alleged victim play a critical role in the outcome. This is the case with Battered Spouse Syndrome (BSS), which has been recognized as a legitimate defense in Missouri courts since 1987. This defense applies in situations where a spouse has been subjected to prolonged domestic violence and commits an act – often violent – in response to the abuse.

Understanding how the Battered Spouse Syndrome defense works is essential for anyone facing criminal charges related to self-defense or retaliatory actions. A Combs Waterkotte criminal defense attorney is here to help. Our skilled legal team has over 40 years of experience building strong defense strategies while successfully handling more than 10,000 cases just like yours throughout Missouri.

What is Battered Spouse Syndrome?

Battered Spouse Syndrome is a psychological condition that develops as a result of chronic domestic abuse. It is often considered a form of post-traumatic stress disorder (PTSD) and is characterized by several negative behaviors. Individuals who suffer from BSS may feel trapped, helpless, and unable to escape their abusive environment. Typical behaviors include:

• Extended phases of enduring abuse, often culminating in abrupt, extreme responses.
• A perception that escaping the relationship is impossible due to threats of violence, or reliance on financial or emotional support.
• Compromised ability to make sound decisions as a result of persistent trauma.
• A skewed sense of danger, making the individual feel as though they are under constant imminent threat.

Missouri courts recognize Battered Spouse Syndrome as a defense in cases where you are charged with assault, battery, or even homicide in situations involving domestic violence. The defense is based on the premise that you acted in self-defense or felt that you had no other option but to protect yourself from further harm. Therefore, due to self-defense laws, we must demonstrate:

• There was a threat of imminent harm or death.
• The response to that threat was proportionate and necessary.
• There was no other reasonable way to avoid the danger.

Using Battered Spouse Syndrome as a Defense in Missouri

Successfully using the BSS defense requires a detailed understanding of both criminal law and psychological evidence. The defense hinges on proving that your actions were directly influenced by the abuse you suffered, and this can get complicated.

Under Missouri Revised Statute §563.033, your attorney is required to provide a notice in writing with the court that you are using the BSS defense. The court then appoints one or more private psychiatrists or psychologists to examine you. The knowledgeable Combs Waterkotte lawyers fully understand that by providing this notice it opens the possibility of you being evaluated by the prosecution’s own “expert.” With your best interest in mind, we will prepare you for this and do our best to attack or question the credibility of the prosecution’s witness.

Reasons to Hire Combs Waterkotte for a Battered Spouse Syndrome Defense

Here’s how an experienced Combs Waterkotte criminal defense attorney can help build a solid case using the Battered Spouse Syndrome defense:

• Documenting the Abuse: To strengthen your defense, your lawyer will work to collect evidence of the abuse. This could include medical records, police reports, witness statements, videos of the abuse, photographs of injuries, and any other documentation that shows a pattern of domestic violence. Combs Waterkotte leaves no stone unturned.
• Establishing Your Perception of Danger: BSS cases can sometimes involve scenarios where the threat may be perceived. An experienced defense attorney knows how to present this in a way that explains how the cumulative effect of abuse led you to believe that your life was in danger.
• Expert Testimony: One of the key elements in presenting a BSS defense is the use of expert testimony. Combs Waterkotte has the privilege of utilizing a large network of trusted specialists to call on. A qualified psychologist or psychiatrist can not only assess you and testify about the psychological impact of prolonged abuse, they can oppose the prosecution’s witness. This testimony can help the jury understand how your mental state, shaped by years or decades of violence, led to your actions.

Why You Need to Call an Experienced Criminal Defense Attorney in Missouri

If you or a loved one is facing criminal charges related to domestic violence anywhere in Missouri, the Battered Spouse Syndrome defense may be a viable option to secure reduced charges or an acquittal. Successfully using this defense though, requires the expertise of an experienced criminal defense attorney. Combs Waterkotte utilizes expert legal guidance like in-depth knowledge of statutes, comprehensive resources including a network of top-tier specialists, and a client-centered defense by putting you and your case first. We understand that facing criminal charges is one of the most difficult experiences you’ll ever go through.

Call Combs Waterkotte as soon as possible at (314) 900-HELP or reach out online for a free consultation where you can discuss your legal options with a criminal defense attorney.