Different Possible Defenses To Charges Of Domestic Violence

Florida law treats domestic violence as a serious offense, and if you are facing charges, it is crucial that you understand the potential consequences. That said, defenses to this charge do exist, and depending on the facts of your particular situation, you and your attorney may be able to assert one or more of them. You have the right to your day in court.

Broad Definition Means Many Potential Defenses

Florida law explicitly defines domestic violence as any criminal offense “resulting in physical injury or death” to one of the alleged perpetrator’s family or household members. A “family or household member” can be not only a spouse, but also an ex-spouse, a co-parent, someone related by blood or marriage, or someone with whom the perpetrator is (or was) residing together as a family.

This broad definition means that while there are many different ways in which someone can be charged with domestic violence, there are also many ways in which one can defend against the allegation. There are so many parts that a state’s attorney must prove in order to convict a defendant of a domestic violence claim – one mistake may result in a not guilty verdict.

Viable Defenses Depend On Your Case

One of the most common defenses that is used in cases of alleged domestic violence is self-defense. Depending on the facts of your individual situation, you may be able to argue that you were protecting yourself (or your home) from someone prepared to use force to harm you. Florida’s notorious “stand your ground” law generally permits someone to use proportional levels of force in response to someone threatening to use the same.

Other types of defenses have to do with challenging the facts – for example, in some cases, it may be possible to argue that you were not the perpetrator, or that your alleged victim has an ax to grind and is being liberal with the truth. In some cases, you may be able to allege that law enforcement violated procedure when handling the scene – for example, if they questioned you without properly reading you your Miranda rights or performed a search of the location without probable cause.

Contact A West Palm Beach Domestic Violence Attorney

Being charged with domestic violence is an event that no one ever wants to experience. If you have experienced this, you have the right to tell your side of the story in court. A West Palm Beach criminal attorney from the firm of Perlet & Shiner, P.A. can help ensure your rights are protected. Contact our office today to speak to an attorney.

Source:

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