What Are The Most Common Defenses To Domestic Violence Charges?
Being charged with a crime of domestic violence in Florida can be a terrifying prospect. In addition to any jail time you might serve or fines you may be assessed, the stigma of a domestic violence conviction can affect your future prospects. If you are facing these charges, it is pivotal to enlist the right attorney to help defend you. There are several potential defenses that one can bring in court, any of which may fit your situation.
Self-defense. Everyone has the right to defend themselves from impending harm, and in Florida, that right is codified in the notorious “stand your ground” law, with certain exceptions. This applies in domestic violence situations as well as in potentially violent incidents between strangers. In general, the “stand your ground” law allows one to use proportional force against an attacker if they reasonably believe they are in imminent danger of attack.
Law enforcement mistakes or violations of defendant’s rights. Even if a person admits that they engaged in the behavior that led directly to their victim’s injuries, they may not be convicted on evidence that is inadmissible. Inadmissibility can happen either because of the nature of the evidence, or because law enforcement made errors of procedure that led to evidence being inadmissible. For example, if damning evidence is obtained without a search warrant, it does not matter that it is damning; it is not admissible in court because proper procedure was not followed. An experienced attorney may be able to illuminate such errors.
Mutual combat. Different from self-defense, this can be argued in a situation where law enforcement could have pegged either you or your alleged victim as the aggressor. You may both have visible bruises, or there may be a witness alleging that both of you used force or created fear of harm in each other, but if it can be established that both you and your alleged victim were aggressive, it may change the outcome of your case. An example of mutual combat is the 2022 New Year’s Eve incident where UFC President Dana White and his wife got into an altercation and were both observed to strike each other. Neither party faced legal punishment.
Accident. If your alleged victim was injured as a result of your actions, but you had no real intent to harm them, this may help to mitigate any sentence you receive, though it is unlikely to get someone off the proverbial hook entirely – after all, the victim still suffered injury. The effectiveness of this defense will vary from case to case.
Contact A West Palm Beach Domestic Violence Attorney
While each case is different, the right West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help you navigate the legal process while asserting the most appropriate defense (or defenses) that applies in your situation. If you have questions or concerns about your case, call us today at (561) 721-0552 to speak to an attorney.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/Sections/0776.013.html
