Common Florida Domestic Violence Defenses

If you have been accused of a crime of domestic violence, it is crucial to take the charges seriously. Florida does not have a specific singular crime of domestic violence; rather, a person is charged with the underlying offense. Regardless, it is crucial to have an attorney on your side to help defend you, and you have a right to your day in court.

Self-Defense. Perhaps the most common defense is to argue self-defense or its variants. Florida law enforcement, as a general rule, will attempt to arrest the primary aggressor if called to a domestic dispute, but sometimes, of course, they do not identify that person correctly. It is sometimes possible to argue that you acted in defense of others, but either way, the right evidence must be present in order to successfully argue this angle.

“Vindictive Victim.” While a domestic violence case can be prosecuted even without the cooperation of the alleged victim, it is possible to point out inconsistencies or false statements in a victim’s statements to law enforcement. Unfortunately, it is not uncommon for unscrupulous people to make false allegations of this kind for their own reasons; for example, to blacken someone’s name or win a custody battle.

Law Enforcement Errors. Whether issues involving evidence and the chain of custody, or a violation of your rights upon arrest, errors in law enforcement procedure can sometimes be grounds for a dismissal. In particular, evidence gathered illegally is inadmissible in court, which can undermine the prosecution’s case.

Lack of Evidence. It is possible in some cases to argue that there is insufficient evidence to merit a conviction. A lack of medical records or other documents one might expect to see after a domestic dispute can cast doubt on the statements of the victim, and possibly on the case against you in general.

Call A West Palm Beach Domestic Violence Attorney Today

Being charged with a crime of domestic violence can be frightening, particularly for someone who may never have been in trouble with the law before. If this is your situation, contact a West Palm Beach criminal defense attorney from the firm of Perlet & Shiner, P.A. today to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.29.html