Domestic Violence Defenses
Any domestic violence allegation will be taken seriously in Florida, and the penalties administered if you’re convicted could change your life forever. Nevertheless, as an American citizen, you have the right to a fair trial and a robust defense. It’s not uncommon for feelings of frustration, anger, and embarrassment to be taken out of context and interpreted as domestic violence. When this is the case, securing the assistance of an attorney is in your best interest.
Domestic violence accusations can be frightening and intimidating. These cases can cause a rift in your family and close relationships and may lead you to suffer from heightened levels of stress out of fear for what might come next. If you’re facing a domestic violence conviction, acquiring the support of an Orlando domestic violence attorney should be your top priority. Besides helping you avoid hefty fines and jail time, a skilled lawyer may also help you sidestep the negative effects that can follow a domestic violence conviction.
Potential Defense Strategies for Domestic Violence Offenses in Florida
Domestic violence allegations often boil down to one person’s word against the other. With that in mind, it isn’t always necessary for your lawyer to prove that you’re innocent. Like all criminal defendants, you’re innocent until proven guilty, which means that it’s the role of the prosecutor to prove your guilt. Your attorney can question the credibility of the prosecutor’s witnesses and physical evidence to raise a reasonable doubt about your guilt or innocence in the minds of the jurors.
Don’t try to resolve this case alone. An expert Orlando criminal defense attorney will best be able to help you understand the law and choose a winning defense strategy based on the circumstances of your case. There are several possible defenses to the crime of domestic violence in Florida, including the following:
Self Defense
Your attorney could argue that you touched or injured the alleged victim in the course of protecting yourself or another person from harm. This justification will only apply if you prove beyond a reasonable doubt that you or another person would have suffered great bodily injury if you hadn’t defended yourself.
Harm Was Accidental
You may choose to avoid denying you were there or that you injured the other person and instead argue that you caused the injury unintentionally. For instance, you may claim that a tool slipped and hit the person while you were using it for repairs.
False Allegations
Your attorney may choose to challenge the credibility of the alleged victim’s testimony in your case by stating that someone else caused the harm. If you claim that the victim suffered abuse at the hands of another person, your attorney will try to establish a credible alibi.
The Alleged Victim Lied
It’s also possible that your spouse or partner fabricated the story. If this is your defense, your attorney will seek to establish whether the victim’s injuries support their version of their story and if their story is inconsistent with the crime report.
Insufficient Evidence
It’s not uncommon for there to be no physical evidence when a person makes allegations of domestic violence. In this case, a prosecutor may have a difficult time proving the crime occurred based solely on the victims’ testimony.
Mental Incapacity
If the defendant in a domestic violence case proves that they weren’t in their right mind at the time of the incident, a judge may give them a more lenient sentence.
Contact an Expert Orlando Domestic Violence Defense Attorney
If you or a loved one is facing a domestic violence charge, it’s important that you speak with a trusted Orlando domestic violence defense attorney. For legal assistance, look no further than The Umansky Law Firm. As former prosecutors and public defenders on a state and local level, our Orlando criminal defense attorneys can provide you with a sound strategy and a concrete defense based on years of experience working in the Florida criminal justice system.
With over 100 years of combined legal experience, our team has the time and expertise to launch an investigation into your case and the circumstances leading up to your arrest. We understand the ins and outs of Florida drug laws and serve to protect you from further punishment and damage to your reputation. We’ll work tirelessly to fight for your rights. Give us a call or complete our online contact form to receive a free consultation.
