Fighting Florida Domestic Violence Charges – When You Are Innocent

It is not uncommon for those charged with crimes of domestic violence to assert their innocence early and often, usually in an effort to get their charges dropped. However, the rare defendant does come along who is truly innocent of these offenses. If that is you, it is crucial that you not try to navigate the legal process alone. Enlisting an attorney can make sure your rights are protected.

Why Charge An Innocent Person?

There are many different reasons why an innocent person may be charged with domestic violence-related offenses, not least of all because Florida’s definition of domestic violence is extremely broad. The statute does not define a specific “domestic violence” offense – rather, it establishes that any criminal offense that results in “physical injury or death” to a “family or household member” falls under that umbrella.

While the definition of “family or household member” includes many different people, including spouses, ex-spouses and co-parents, it does not include people in a dating relationship unless they have been “residing together as a family.” However, the definition of “physical injury” can be read as anything from scratches to life-threatening injuries – and it is not impossible that law enforcement would attempt to prosecute a weak case if other factors are at play.

Do Not Rely On Your Innocence

If you face domestic violence-related charges, but you are not guilty, it is still not a good idea to simply assert your innocence. Rather, enlisting an attorney who is able to attack the foundation of the case a state’s attorney may bring against you is crucial – without the proper evidence to establish a defendant’s guilt, the case will, as one might imagine, collapse, but a failure to do this may mean that you are convicted by hearsay.

A state’s attorney must establish one of two things in order for someone to be convicted of a domestic violence crime: that the defendant touched or struck the alleged victim without their consent, or that the defendant intentionally caused bodily harm to the victim. If the medical evidence shows that the victim had no marks on their body, a knowledgeable attorney can point out the contradictions and create reasonable doubt.

Contact A West Palm Beach Domestic Violence Attorney

Being charged with a crime you did not commit can be a terrifying ordeal – but if you are truly not guilty, an experienced West Palm Beach criminal attorney from Perlet & Shiner, P.A. can help protect your rights during the legal process. Call our office today to speak with an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html