While it’s often true that the police and courts will side with accusers in domestic violence cases, that doesn’t mean the accused doesn’t have a right to defend him or herself against the charges. You may be entirely innocent, or there may be a complicated misunderstanding—either way, you need to call a Florida domestic violence defense attorney as soon as you learn of the charges. A skilled and experienced attorney will review the police report and investigate the circumstances to come up with the best possible defense for your case. In Miami, defense attorney Daniel Izquierdo is your best option when you have been charged with this serious offense.
Your Attorney Will Need to Gather Information
You may claim innocence, but your defense will depend on what you have already told the police and the evidence they have collected. Your attorney will want to find out:
- If there are witnesses to the violence or abuse
- What medical evidence of the accuser’s injuries exists
- What you said to police
- Your criminal history
- Past reports by the accuser
- What other evidence the police have collected, including pictures of the scene showing signs of a struggle
- Transcripts of 911 calls made by the accuser
Based on the information he gathers during his investigation, your attorney will work on a defense strategy that will have the best chance given the prosecutor’s case.
Potential Defenses in a Florida Domestic Violence Case
Domestic violence is a serious crime in Florida, carrying jail time and hefty fines, not to mention the effect a violent offense will have on your future prospects. Your smartest move is to hire the best attorney you can afford and trust that he will do all he can to secure a favorable outcome. Possible defense strategies your attorney may utilize include:
Someone Else Did It.
If there is medical or physical evidence that the accused was attacked, but there is no evidence that you were the one who did it, you may be able to argue that another person is the abuser. Your attorney will need to establish a strong alibi for you to prove you couldn’t have done it.
The Accuser Is Lying.
To prove that your partner is making a false accusation against you, your attorney will have to provide evidence of the lie. The accuser’s injuries may be nonexistent or not consistent with the story he or she is telling, for example. Friends or family members may be able to corroborate your version of events.
It Was An Accident.
If you unintentionally caused your partner’s injuries—you pushed her while falling, for example, or you were both roughhousing when he hit his head—your attorney will need to gather evidence to support your claim. A clean criminal record will help your defense.
You Were Defending Yourself.
It is a common misconception that domestic violence must be a man hurting a woman. If your female partner is the aggressor, but you injured her while fighting her off or protecting your children, you may be able to claim self-defense. The accuser’s mental state, criminal history, and other witnesses could help your claim.
Your Rights Were Violated At Some Point In The Process.
If the police did not follow proper protocol by denying your request for an attorney, failing to obtain a search warrant, or conducting a shoddy investigation, you might be able to get off on a technicality. Your attorney will have to be well-versed in these issues to launch this defense.
A skilled and committed attorney may consider defenses in addition to this list, depending on your situation.
Protect Yourself When Have You Been Accused of Domestic Violence in Florida
Whether there really was an incident between you and your partner, or you have been falsely accused, you need to fight back to protect your freedom.
Have You Been Accused Of Domestic Violence In Florida?
You and your partner may not be at a good point in your relationship right now, but if your partner takes that a step further by accusing you of domestic violence, you need to fight back to protect your freedom. If you are frustrated about a domestic violence charge that is disrupting your life you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.
I also recommend that you download a free copy of our special report "He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida". The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.