The legal system in Florida takes domestic violence allegations seriously. When an experienced criminal defense lawyer represents someone accused of domestic violence, it is essential to consider the various legal defenses available to them without passing judgment. Everyone has the right to a fair legal process and defense in the face of such charges.
As legal professionals, Stechschulte Nell, Attorneys at Law concentrate on preserving and protecting the legal rights of every client, no matter what their alleged offense. Domestic violence charges are treated severely not only in the courts but also in our social culture. It’s imperative that anyone charged with any domestic assault or other illegal conduct get the most committed defense counsel to ensure they receive the fair hearing and zealous advocacy to which they are entitled.
Domestic Violence in Florida
Florida defines domestic violence in F.S. 741.28 as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”
Family or household members include spouses and former spouses, people related by blood or marriage, people who now or in the past lived together as a family, and people who have a child in common, regardless of whether they are or were married. Except for parents with a child in common, a family or household member must currently be living with or have previously lived in the same dwelling unit as the defendant.
As you can see, there are many potential charges that can be categorized as domestic violence. Florida law requires a minimum jail sentence for anyone who intentionally causes harm to another person during an act of domestic violence. The minimum term of incarceration ranges from 10 days to longer, depending on whether the defendant has previously suffered a domestic violence conviction.
Courts Are Protective of Domestic Violence Complainants
Victim’s rights advocacy groups have successfully persuaded the legislature to enact very strict penalties and strong victim support programs in prosecution officers and in the courts. That created an atmosphere in which a person accused of domestic violence in Florida is often perceived as dangerous even before a hearing occurs.
Domestic violence defendants are invariably ordered to have no contact with the alleged victim during the time the criminal case is pending. Violation of that no-contact order can result in new criminal charges and a revocation of the defendant’s pretrial release.
At Stechschulte Nell, we believe in fighting for the principle ensuring our clients are treated as innocent unless and until the prosecution can prove their guilt. We resist the prosecution’s efforts by relying on our years of trial experience, our knowledge of the law, and our strategic analysis of the facts and the evidence.
Effective Defense to Domestic Violence Charges in Florida
The proper defense in any individual domestic violence prosecution is always determined by the facts and circumstances of the particular case. The best defense for one client is not necessarily the right most effective defense in another client’s case.
To identify the best defense strategy in your domestic violence case, every fact must be analyzed under the applicable statute. Some of the most successful defenses include the following:
Self-Defense
As with virtually all criminal charges alleging the use of illegal violence by a criminal defendant, the law provides the right of any person to use the minimal force necessary to repel a violent assault from another person. This defense asserts that the actions taken were necessary to protect oneself or others from physical harm or the threat of harm. That means that some physical force may be used legally to protect yourself or another person in some cases.
However, self-defense does not generally permit the use of excessive force or more force than is required to repel the unlawful attack.
This becomes particularly important in cases involving violence inflicted on both family members by one another. Police are hard-pressed to distinguish which party was the aggressor.
Challenging the Admissibility of Evidence
Prosecuting domestic violence cases in Florida does not require the alleged victim to testify. In many cases, either from sympathy for the accused, fear, financial need, or a sense of guilt related to overstating the events to the police, alleged victims of domestic violence decline to cooperate with prosecutors.
In the distant past, this refusal to help convict the defendant would result in dismissal. But the U.S. Supreme Court decided in a string of cases that some exceptions to the hearsay rules of evidence do permit out-of-court statements by a non-testifying witness to be used against the defendant in court.
The law governing the admissibility of such evidence is extremely complex and only the most experienced domestic violence defense lawyers are knowledgeable enough to handle these technical legal issues.
If a skilled domestic violence defense lawyer is successful in convincing a judge that a witness statement offered into evidence by the prosecutor is inadmissible, the prosecutor will either dismiss the case or offer an extremely favorable disposition to the defendant rather than proceed to trial with a weakened case.
Lack of Evidence
Challenging the evidence presented by the prosecution is a legitimate and usually effective defense strategy. If there is a lack of credible evidence to support the domestic violence allegations, the accused can successfully argue that the case should be dismissed or that there is insufficient proof to establish guilt.
False Accusations
False accusations can and do occur in domestic violence cases. Accused individuals may claim that they have been falsely accused due to a variety of reasons, personal disputes, jealousy, or revenge. In such cases, they may present evidence or witnesses to refute the credibility of the accuser.
Incomplete or Inaccurate Reporting
Sometimes, domestic violence allegations arise from misunderstandings or incomplete reporting of events. Accused individuals may argue that the reported incidents did not occur as described or that important contextual information was omitted.
Lack of Intent
Certain domestic violence offenses in Florida require the prosecution to prove that the accused acted with a specific intent. A valid defense often involves the accused disputing that they possessed the required intent to commit the alleged offense. If a prosecutor fails to prove that the specific intent was formed, the charge should be dismissed or acquitted.
Read More > What to Do if You are Wrongfully Accused of Domestic Violence
Charged with Domestic Violence?
Facing domestic violence charges in Florida can be a daunting and overwhelming experience. However, seeking the expertise of a criminal defense firm with a proven track record of successfully representing clients in similar situations can make all the difference. With years of experience and a deep understanding of the legal system, such a firm can provide the guidance and support needed to navigate through these complex and sensitive cases.
Don’t hesitate to contact Stechschulte Nell Law today at 813-280-1244 to take the first step toward building a strong defense and securing the best possible outcome for your case.
