3 Defenses Against Domestic Violence Charges

As per the Florida Department of Law Enforcement, there were over 65,000 domestic violence-related arrests in 2012 alone. The punishment for this type of offense is contingent on the nature and seriousness of the act, and may include serious consequences like fines, probation, and long-term jail time. Additionally, a person who commits such crime is ineligible for both record sealing and expungement, under Florida Statutes Section 741.28, regardless of whether the judgment is withdrawn. In short, if you plead guilty to a domestic battery charge, your record for that offense becomes permanent. 

False accusations of domestic violence can severely impact a person’s life. It may deprive those accused of job opportunities, and ruin their relationships with their loved ones. If you’re facing a domestic battery charge, an experienced lawyer can help clear you of the charges with a good defense strategy like the following:

1. Self-defense- If the defendant was attacked or provoked to act, he may claim self-defense. The defendant should prove he had reason to believe there was imminent threat to his safety, and he was not the initial aggressor.
2. Emotional instability- A complainant who is emotionally unstable or has psychological issues could act out irrational thoughts like falsely accusing someone else of attacking him/her.
3. False allegations- A vindictive ex-partner may make false allegations against the defendant out of spite. He/she may be completely lying, or exaggerating the severity of the incident. This is something known to occur in divorce and child custody cases.