A New York case involving domestic violence has made national news due to a recently approved argument that the defense plans to use. Muzzammil Hassan is charged with the death of his wife, and a judge decided last week that the defense can present the argument that the death was a result of the fact that Hassan was a victim of his wife's abuse.

Hassan's wife was stabbed and killed a year and a half ago, and Hassan turned himself in to the authorities after her body was found. He was charged with murder and has been in jail since Feb. 2009. The trial is ongoing and has been further postponed due to a recent turn in the domestic violence case that brings hope to the defense.

According to sources, Hassan and his attorneys have evidence that he was abused by his wife throughout their nine-year marriage. The alleged proof includes emails that support Hassan's argument that he was a domestic abuse victim. He claims, for example, that his wife threatened him with a knife not long before her death and that she also emotionally abused him by threatening to take their children out of the country.

Neither the defense nor the prosecution is happy that the trial won't pick up again until January, but both sides need time to review the new evidence of the case. If the court agrees that the evidence shows Hassan was an abuse victim who was suffering from battered spouse syndrome, then the severity of his possible conviction and sentencing would likely be lessened.

Resource

BuffaloNews.com: 'Battered Spouse' defense allowed in beheading trial (9/4/2010)