A domestic violence charge is one of the most serious accusations a plaintiff may face in court. If convicted, a person could face a significant jail sentence and may even find their reputation tarnished. Under such circumstances, enlisting the help of an experienced lawyer could be crucial. Our well-practiced attorneys may be able to prepare a defense that allows you to avoid a conviction. Call today to learn more about the defenses to West Palm Beach domestic violence charges.
The most common defenses to West Palm Beach domestic charges are:
- A verifiable dispute about the underlying incident
- The absence of injuries on the alleged victim
- Mutual combat
- Stand Your Ground
After reviewing the facts of the case, a seasoned Attorney will then determine what defense strategy would be best for your case.
Self-Defense in Domestic Violence Cases
Florida has a Stand Your Ground law, which means an individual could be entitled to defend themselves if they feel threatened or believe they are likely to face imminent harm or violence. If there is imminent deadly harm, the person is allowed to inflict deadly harm. If there is imminent violent harm, the person is allowed to inflict violence. Self-defense in Florida may mean that if one feels they are in imminent danger of being injured or suffering grave bodily injury as a result of the violence of someone else, whether it is domestic or not, they are allowed to defend themselves using the use of deadly force if appropriate for the situation.
Defense of Others
In the realm of domestic violence, if one parent commits an act of domestic violence on another family member, the spouse is allowed to defend the other family member. For example, a mother can defend their children against battery being inflicted on them by their father. They may be allowed to defend others whom they believe are about to be harmed by beating force with force. This is one of the defenses to West Palm Beach domestic violence charges used by defendant’s and their Attorney.
The context in which the alleged crime occurred may be the best evidence to have when preparing a defense of a domestic violence case. A domestic violence case usually does not just happen. It is usually the result of an argument over finances, intimacy, or trust. The Defense Lawyer needs to find the root of the problem to be able to resolve the issue.
The Attorney could address the issue with the other party and the Court to show the Judge that this is an isolated incident and may argue that the parties are remorseful and that domestic violence is not likely to happen again. If the Attorney is able to establish those essential facts or determine the essential context issues, it may provide a way to resolve the problems and get the best resolution of the domestic violence case. If you have any questions about the defenses to West Palm Beach domestic charges, consult with one of our dedicated and experienced Lawyers today.