In Part One of this series, we helped define exactly what domestic violence is and how that definition can be used against you. We also explored Florida’s penalties for these crimes, which are steep.
Fighting against a domestic violence charge is important. Maintaining your innocence means preserving your very freedom. It can also keep you from losing some civil rights, such as the ability to concealed carry a firearm. Furthermore, it can help you keep your employment and a clean record for background checks.
If you’ve been falsely accused of this crime, contact an attorney right away. You may be able to use some of the following, effective defenses in your case.
Lack of Credible Evidence
There are often no witnesses in a domestic assault crime, which means the case is just one person’s word against another’s. Your accuser will offer as much evidence as they can, and you need to debunk this evidence with the real story.
For instance, your attorney can request your accuser’s medical records. If the alleged victim’s injuries do not match their story, you can create doubt in the case.
Property can also be an important tool in proving your innocence. If, for example, you are charged with using a weapon, you may be able to show that your prints are not on the item. Similarly, damage to the room or any other objects may contradict your accuser’s story, helping reveal your innocence.
Furthermore, you can present your own evidence. If the prosecution doesn’t have the alleged weapon, you can enter it into evidence, showing that it is clean. Prosecutors may not have witnesses, but you might. You may even have medical records that suggest you were the real victim.
When you are truly innocent of your crimes, the evidence can work in your favor.
Lack of Intent
In a heated argument, it’s easy to lose a bit of your self-control. You may raise your voice and flail your arms, but that doesn’t make you an abuser.
Intent is an important aspect of any crime. You may have accidentally connected with the other person while pointing and yelling, but this is not the same as willfully striking someone.
Have your attorney explain the blow and your lack of intent, and you may be able to maintain your innocence.
Lack of Options
When faced with an intense situation, you can be scared, and you don’t know what to do next. When someone is experiencing a meltdown, things can get serious in the home. This person may be screaming, throwing things, and scaring the kids.
Out of desperation, you may strike them, simply to freeze the situation and hopefully calm them down. Once they come to their senses, they could accuse you of domestic abuse.
Violence is rarely the answer to a tense moment, and this defense will not work if you’re accused of severely beating someone. If, however, your back was against the wall, and you simply didn’t know what to do, a single blow may be justifiable in the law’s eyes.
If you need help with a solid defense against domestic violence allegations, contact our firm today for help. We can offer you a free consultation, so call us now at (904) 701-0591 or fill out our online contact form.