Our Broward County Criminal Defense Lawyer Explains Domestic Violence Defenses
The potential consequences of a domestic violence conviction are severe, including jail time, fines, and a permanent criminal record. However, it's important to remember that an arrest is not a conviction, and you have the right to a strong legal defense.
At the Law Offices of Dave L. Simmons, P.A., our experienced Broward County criminal defense team has helped many clients navigate domestic violence cases and their legal and personal ramifications. We understand the challenges you're facing, and we're here to protect your rights and explore all possible defenses on your behalf. In this article, we'll discuss some of the most common defenses that may apply in your case.
Self-Defense
One of the most common defenses to domestic violence charges is self-defense. If you were protecting yourself from imminent harm, your actions may be legally justified. To successfully argue self-defense, your attorney must show:
- You reasonably believed you were in immediate danger of unlawful force or harm
- The threat of harm was actual and imminent, not just hypothetical
- You used only the amount of force reasonably necessary to protect yourself
Establishing self-defense often involves gathering evidence of the alleged victim's history of violence, witness testimony, and medical records documenting your injuries. Your Broward County criminal defense lawyer can help you determine if this defense applies to your case.
Defense of Others
Similar to self-defense, the defense of others justification may apply if you were acting to protect another person, such as a child, from imminent harm. The key elements of proving this defense are:
- You reasonably believed the other person was in immediate danger
- The threat was actual and imminent
- Your use of force was reasonably necessary to protect the other person
For example, if you intervened to protect your child from an abusive partner, you may have a valid defense of others claim. Your attorney can investigate the circumstances and gather evidence to support this defense.
Insufficient Evidence
In some cases, the prosecution may simply lack enough evidence to prove the domestic violence charges beyond a reasonable doubt. This could be due to:
- Lack of physical evidence of abuse
- Inconsistent or unreliable witness statements
- Absence of prior domestic violence history
Your Broward County criminal defense lawyer will carefully review the evidence against you and challenge any weaknesses in the prosecution's case. By raising doubts about the sufficiency of the evidence, your attorney may be able to get the charges reduced or dismissed.
False Accusations
Unfortunately, false accusations of domestic violence are not uncommon, particularly in contentious divorce or child custody cases. If you've been wrongly accused, your attorney will work to uncover evidence of the accuser's motives and any inconsistencies in their story. This may involve:
- Interviewing witnesses who can contradict the accuser's claims
- Obtaining electronic evidence like text messages or social media posts that undermine the accusations
- Presenting evidence of the accuser's history of making false allegations
While proving false accusations can be challenging, an experienced Broward County criminal defense attorney knows how to investigate and expose lies and inconsistencies.
Conduct Doesn't Meet Legal Definition
In some situations, the alleged conduct, even if true, may not actually meet the legal definition of domestic violence under Florida law. Domestic violence requires intentional physical harm, threats of imminent harm, or certain acts like stalking or kidnapping. Mere verbal arguments or minor property damage, while upsetting, may not rise to the level of criminal domestic violence.
Your attorney can assess the specific allegations against you and argue that the prosecutor has overcharged the case based on the facts. By presenting a narrower, more accurate view of the incident, your lawyer may be able to get the charges reduced or secure a more favorable plea bargain.
Get the Skilled Defense You Need
If you're facing domestic violence charges in Broward County, don't face the system alone. Fort Lauderdale criminal defense attorney Dave L. Simmons will work hard to protect your rights and explore every possible defense strategy. We understand what's at stake and will work tirelessly to secure the best possible outcome in your case. Let us put our experience and skill to work for you.