Can I Argue Self-Defense In A Domestic Violence Case?

In domestic disputes, no one will disagree that emotions run high. It is unfortunately all too easy for an argument to turn into a physical altercation, and if the police are called, you may wind up being charged with a crime of domestic violence even when you had no real intention to injure anyone. You may merely have intended to protect yourself, and while it is possible to argue self-defense in a domestic violence case, it can lead to some unique issues that you and your attorney must anticipate.

Evidence May Cause Problems

One of the most immediate issues that often faces a person after a domestic dispute is that too often, there is no evidence for what happened during the event except for the statements of the parties. Since domestic disputes usually happen in private places, responding law enforcement often find themselves adjudicating a ‘he said, she said’ type of argument, leaving doubt as to who might be the aggressor.

If there is tangible evidence to be found at a domestic dispute call, it is usually found in any visible injuries on the participants. While this does not necessarily mean that you were the aggressor or intended to harm anyone, it can sometimes pose problems in terms of your being believed in court. It is human nature to want to believe the visibly injured victim in this type of scenario, but you still have the right to assert a defense.

The Law May Be On Your Side

Despite the fact that the evidence can seem to be against you after a domestic dispute, Florida law will usually protect a person’s right to defend themselves or others, as long as that self-defense is proportional. The state’s notorious “stand your ground” law holds that a person in their own home facing an imminent threat of violence has no duty to retreat, and can use the same degree of force they believe will be used against them in order to defend themselves.

In other words, if you can establish that you had a reasonable fear of becoming a victim of violence, and that any force you used against the alleged victim was proportional, you may be held to have acted appropriately. If, however, it can be shown that you deliberately provoked the violence, self-defense will not be considered a valid reason to let you off the hook, so to speak.

Contact A West Palm Beach Domestic Violence Attorney

Domestic disputes can be frightening, highly tense situations where things get out of a person’s control. If you have been charged with a crime of domestic violence and you believe that you acted in self-defense, a West Palm Beach domestic violence attorney from Perlet & Shiner, P.A. can help to ensure that your rights are protected. Call our office 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/0776.012.html