DOMESTIC VIOLENCE DEFENSE ATTORNEY

FIGHTING FOR YOU IN TAMPA

In Florida, if you are convicted of a crime of domestic violence, you will face severe penalties and long-term consequences. Domestic violence is a threat to many Florida families, but what if a person who’s accused of the crime is not guilty – or is the victim of a fabricated allegation?

If you’re wrongly accused of a domestic violence crime, can you fight the accusation, avoid a criminal conviction, and hold onto your good reputation? If you keep reading, you’ll find some answers in this brief look at domestic violence crimes in Florida.

Unfortunately, for many people, the legal punishment for a crime of domestic violence may not sting as much as the responses and attitudes of family members, neighbors, and friends.

WHAT CONSTITUTES DOMESTIC VIOLENCE UNDER FLORIDA LAW?

Florida Statutes §741.28 define domestic violence as criminal offenses that result in the physical injury or death of a family member or member of a household. Actions named in this statute include assault, including aggravated assault; battery, including aggravated battery; kidnapping; false imprisonment; sexual assault; sexual battery; and stalking, including aggravated stalking.

Under this statute, household members include a spouse or former spouse, any person related by blood or marriage, persons who have lived together as a family in the past or present, and individuals who are the parent of a common child.

Florida’s criminal courts deal aggressively with all assault and battery crimes, but if one or both crimes are part of a domestic violence accusation, and the defendant is convicted, the penalties will be even more severe. Working with an experienced domestic violence defense attorney can help guide you through the complex legal process of adjudicating domestic violence charges.

FLORIDA LAW DETERMINES WHO IS A DOMESTIC VIOLENCE VICTIM

Florida law defines household and family members as:

1. the married or unmarried parents of one or more children
2. wives, ex-wives, husbands, and ex-husbands
3. persons who live together or who have lived together as a family
4. persons who are related by marriage or blood

Except for parents of a common child, those considered family or household members must be currently or previously residing in a household together.

If you’re wrongly accused of committing a domestic violence crime in Florida, it is important to understand that emotions and prejudices may influence witnesses, jurors, and others who are involved in the case.

HOW LONG DO YOU HAVE TO REPORT DOMESTIC VIOLENCE IN FLORIDA?

The statute of limitations, or time to report a crime, depends largely on whether the domestic violence crime would classify as a felony or misdemeanor charge. Felony domestic violence crimes have a three-year time frame from the date of the incident for the state to file charges. Misdemeanor domestic violence crimes have a one-year timeline for the state to file charges.

WHAT DO YOU DO IF ACCUSED OF DOMESTIC VIOLENCE OR ABUSE?

Being accused of domestic violence can be an overwhelming situation and leave you unsure of what to do. The best way to address domestic violence charges is to contact a domestic violence defense lawyer who can help you navigate the defense process and represent you in court.

Resolving a domestic violence case often involves investigations and cooperation with law enforcement officials as they look into allegations of abuse. It’s important in these contexts to know how to speak with officers so as to not negatively impact your case. This is why hiring a domestic violence lawyer to provide needed legal counsel is a smart move.

HOW ARE DOMESTIC VIOLENCE CRIMES PENALIZED?

Florida statutes require anyone convicted of a domestic violence crime involving bodily injury to serve at least five days in jail along with any other penalty. A conviction for a crime of domestic violence may also be penalized with a lengthier jail or prison term, a fine, probation, and community service.

Should you be named as the subject of a restraining order, a violation of that order will be prosecuted as a first-degree misdemeanor, and a conviction is punishable with a one-year jail term.

Can you effectively dispute a phony charge of domestic violence? With a good lawyer’s help, the answer is yes. Remember that to win a conviction against you, a prosecutor must prove your guilt beyond a reasonable doubt.

If an allegation is phony, “proving” it is “true” will probably be an insurmountable task for the prosecution. In other circumstances, your defense lawyer may recommend using self-defense, the defense of others, Stand Your Ground, or the defense of your property as your legal defense strategy.

After examining the charge and the evidence against you, your attorney will develop a defense strategy that is both effective and appropriate. If you are innocent, tell your attorney to seek a dismissal of the charge – or to ask jurors for a not guilty verdict if the case goes to trial.

If the prosecution’s evidence against you is strong, your domestic violence defense lawyer may recommend enrolling voluntarily in an anger management or violence prevention program – and demonstrating to the judge that you’re serious about resolving the charge against you.

WHAT ARE EFFECTIVE DEFENSES AGAINST DOMESTIC VIOLENCE CHARGES?

When someone is accused of domestic violence, Florida courts take the allegations very seriously. As mentioned, domestic violence convictions will carry penalties, but a good domestic violence defense attorney can present a case in your defense. Common defense strategies for domestic abuse charges include:

Proving that the alleged abuse occurred in response to initial aggression from another party to protect yourself or your children, can lead to a successful defense against domestic violence charges. If accusations of domestic violence are found to be false as the defendant did not commit domestic violence, charges can be dropped altogether. Demonstrating a lack of proof in the case is another defense tactic, as Florida prosecutors need to provide evidence beyond a reasonable doubt. Finally, a lack of intent can be a successful defense if it is shown that the accused person did not know that their actions carried with them a certain result.

ARE DOMESTIC VIOLENCE ALLEGATIONS EVER FABRICATED?

Fabricated charges of domestic violence are concocted with all kinds of motives. An ex-spouse may be seeking an edge in a custody battle, or a teen might lie out of resentment toward a stepparent. Sometimes, false domestic violence charges are made for no apparent reason at all.

Nevertheless, prosecutors, judges, and law enforcement officers must handle domestic violence claims seriously. If they don’t, the result can be a genuine tragedy. That’s happened more than once in Florida, and that’s why the penalties for a domestic violence conviction are so severe.

IF YOU’RE FALSELY ACCUSED OF A DOMESTIC VIOLENCE CRIME IN TAMPA

If you’re falsely accused of a domestic violence crime, you will have to make some important choices. The following suggestions may help:

1. Especially while the case is pending, do not confront your accuser. If you must communicate, get your lawyer’s advice first.
2. Avoid social media sites like Instagram and Facebook. Anything you post might be distorted or misinterpreted and used against you.
3. Tell your criminal defense attorney if you know potential witnesses who can testify about your character or about specific allegations.

Tampa domestic violence defense attorney Patrick B. Courtney has practiced law for more than 24 years. He is a former prosecutor who knows both sides of domestic violence cases. He represents clients in Sarasota, Polk, Hillsborough, Pasco, Pinellas, and Manatee counties.

To learn more, call Pat Courtney’s law offices at (813) 252-1529 or complete the brief contact form on this website.