Defenses To Florida Domestic Violence

Being convicted of a crime of domestic violence can lead to a long jail term and large fines in Florida, but despite such serious consequences, far too many cases of domestic violence in the state are brought on somewhat shaky ground. It is not unheard of, for example, for law enforcement to charge a person based on little evidence – and if this has happened to you, it is crucial to be aware that defenses to domestic violence charges exist. The right legal help can make all the difference.

The Stakes Are High

Domestic violence is not a specific charge in Florida; rather, it is an umbrella term that includes any criminal offense that results in physical injury or death to the victim, as long as the victim shares a certain type of relationship with the perpetrator (spouses, ex-spouses, unmarried co-parents, and others). Some of the most common types of domestic violence crimes include assault, battery, kidnapping, or stalking, among others – assault is the most commonly charged domestic violence crime given how little it takes to commit it.

While it is important to take claims of domestic violence seriously, it is also true that very often, domestic disputes can get out of hand or the events can appear very differently to those not involved. If you have been charged with this type of offense, it may feel as though you have no way to protect your rights – but you have the right to assert defenses. If you are able to create reasonable doubt in the minds of jurors, you may avoid jail time or other consequences.

Many Different Potential Defenses

There are several potential defenses to charges involving domestic violence, though obviously, not all of them will apply to every situation. Self-defense or defense of others is one of the most commonly seen – Florida has its “Stand Your Ground” law, which allows use of proportionate force if a person reasonably believes that such force is necessary, and does not impose any kind of duty to retreat. Another common defense used is to argue that any injuries were accidental.

In some cases, defending oneself by attacking the credibility of the alleged victim may be necessary, particularly if you are able to provide evidence of malicious motives – for example, the victim may attempt to cast aspersions on you to create a presumption of unfitness for custody of your children. That said, this is a defense that is likely to backfire if you lack evidence to back it up.

Contact A West Palm Beach Domestic Violence Attorney

If you have been charged with a crime of domestic violence, it is crucial that you realize the potential fallout of conviction. A West Palm Beach criminal defense attorney from the firm of Perlet & Shiner, P.A. can help protect your rights. Call our office today at (561) 721-0552 to speak to an attorney.

Source:

flsenate.gov/Laws/Statutes/2021/741.28