Top Three Defenses to Domestic Violence Charges in Florida

Domestic violence is one of the most serious crimes a family member can face in Florida. Many juries look unkindly on this offense, and those convicted can expect little sympathy from criminal courts in Florida. These factors highlight the need for targeted, effective defense strategies for defendants facing domestic violence allegations. Although several common strategies have proven effective in the past, the most appropriate approach depends on your unique situation. To discuss your circumstances in greater detail, contact a qualified Fort Lauderdale domestic violence defense lawyer.

Self Defense 

Self-defense is one of the most common defense strategies for those accused of domestic violence in Florida. The Sunshine State’s laws known as “Stand Your Ground” allow you to take various actions when facing threats from other people. If a family member assaults you or commits battery against you, you have the right to defend yourself in a reasonable, proportionate manner.

Even though you might be bigger or stronger than the attacker, you still have the right to defend yourself. For example, a smaller woman might rush at a man with a knife. Even if the man towers above the attacker, they still have the right to respond with an equal level of force. Perhaps most crucially, there is very little obligation to flee for safety in Florida if you are inside your own home. You are perfectly justified in standing your ground and using physical force to defend yourself against an obvious threat to your safety, as long as you’re in a place that you’re legally allowed to be.

In addition, you may be justified in using force to defend personal property. For example, a family member might start smashing your car windows. In this case, you may be justified in using physical force to prevent further property damage. 

Lack of Intent 

Physical harm may be accidental in nature. For example, a family member might stumble, lose their footing, and careen into their spouse. The spouse might be convinced that they were tackled, when in reality it was a complete accident. There are many other situations in which intent might not be clear. For example, a family member may have attempted to gesticulate with their hands before accidentally striking another person in the face.

 Lack of Evidence 

As with all criminal cases in Florida, the burden of proof lies with the accuser. If your accuser lacks the necessary evidence to prove that you committed the offense “beyond reasonable doubt,” the jury will have no choice but to acquit you. All too often, domestic violence cases are the result of “he said, she said” allegations that hold no weight in court.

Find an Experienced Domestic Violence Defense Lawyer in Fort Lauderdale 

If you’ve been searching for a qualified, experienced criminal defense lawyer in Fort Lauderdale, look no further than Haber Blank, LLP. While internet research may help you familiarize yourself with various defense strategies for domestic violence allegations, an online article cannot actually execute any of these strategies. Book a consultation today to take your first steps toward a positive outcome.

Sources: 

law.cornell.edu/wex/burden_of_proof

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/Sections/0776.013.html