Potential Defenses To A Florida Domestic Violence Charge

Being charged with a crime of domestic violence can be a terrifying event, particularly if you are in fact innocent. The machinery of Florida’s legal system tends to move fast, and it can feel overwhelming to try and mount a defense. In reality there are several different defenses one can mount in response to allegations like these, and the right attorney can help proclaim your innocence.

Serious Consequences If Convicted

Unlike the classical definition of ‘domestic violence,’ Florida law classifies many different offenses as crimes of domestic violence – the legal definition encompasses any crime resulting in “physical injury or death” to the victim, who must in turn have a certain relationship with the alleged perpetrator. If a person commits an offense classified as a crime of domestic violence and they are convicted, their sentence will be harsher, because domestic violence acts as a sentencing enhancement.

In addition to any criminal penalties, someone convicted of domestic violence may also lose their right to bear firearms, as well as creating a permanent criminal record. They may also potentially lose time with their children in the event of a Florida divorce, as evidence of domestic violence can be used as evidence that parenting time would not be in the child’s best interest. With all these consequences, mounting a good defense becomes even more important than in other offenses.

Defenses Cast Doubt

If you have been charged with a crime of domestic violence, it is absolutely imperative that you have an attorney on your side to assert the right defense. While every case is different, it is important to realize that all your attorney needs to do is cast reasonable doubt on the state’s attorney’s case in order to avoid a conviction. Some of the most common examples include:

• Self-defense, particularly in Florida where someone who has been attacked in their home has the right to use proportional force in their own defense;
• Mutual combat (where both parties to a domestic dispute are seen as wrongdoers, rather than as victim and perpetrator);
• Allegations of mistake or misconduct against law enforcement, particularly in the areas of admissibility of evidence and chain of custody;
• Disputing key facts as given by the alleged victim.

The sooner you engage an experienced defense attorney, the more solid your defense will likely be, since the attorney will have more time to build their arguments.

Contact A West Palm Beach Domestic Violence Attorney

Being charged with a crime of domestic violence carries serious potential consequences that many defendants are not aware of until faced with them. A good defense is crucial – and a West Palm Beach domestic violence attorney from Perlet & Shiner, P.A. will work hard to give you the best possible. Contact our office today at (561) 721-0552 to speak to an attorney.