Understanding Domestic Violence Charges

In Florida, domestic violence charges are serious and can have long-lasting effects on your life. Understanding the specifics of these charges is essential for mounting an effective defense.

Florida Statutes and Definitions

Florida Statute 784.03 defines domestic violence as a battery that “occurs when a person actually and intentionally touches or strikes another person against their will.” However, the scope of domestic violence is broad and encompasses various offenses, each with specific legal implications.

Types of Charges

Battery: This occurs when a person intentionally touches or strikes another person against their will. Even minor incidents like pushing or shoving can lead to battery charges.

Assault: Defined under F.S. 784.011, assault involves an intentional threat to do violence to another person, coupled with an apparent ability to do so, creating a well-founded fear in the other person.

Aggravated Assault: Under F.S. 784.021, this is an assault with a deadly weapon without intent to kill, or with an intent to commit a felony. It’s a third-degree felony.

Aggravated Battery: As defined in F.S. 784.045, aggravated battery includes battery that causes great bodily harm, permanent disability, or permanent disfigurement, or involves the use of a deadly weapon. This is a second-degree felony.

Felony Battery: Under F.S. 784.041, felony battery occurs when a person commits battery and causes great bodily harm, permanent disability, or permanent disfigurement. This is a third-degree felony.

Domestic Battery by Strangulation: Defined in F.S. 784.041(2)(a), this involves knowingly and intentionally impeding the normal breathing or circulation of the blood of a family or household member by applying pressure on the throat or neck, or by blocking the nose or mouth. This is also a third-degree felony.

Stalking: Under F.S. 784.048, stalking involves willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. This is a first-degree misdemeanor.

Aggravated Stalking: Defined in F.S. 784.048(3), aggravated stalking includes stalking with a credible threat to the victim’s safety or the safety of their family. This is a third-degree felony.

Enhanced Penalties and Consequences

Domestic violence charges can lead to severe penalties, including jail time, fines, and mandatory counseling or intervention programs. Additionally, a conviction can affect your job prospects, housing opportunities, and even child custody arrangements.

Legal Representation

If you are facing domestic violence charges, it’s crucial to seek experienced legal representation. At Inland Empire Criminal Defense, we understand the complexities of these cases and are here to help you navigate the legal system.

Contact us at (909)939-7126 for a consultation and to discuss your case further.

Next, we’ll explore the types of evidence commonly used in domestic violence cases and how they can impact your defense strategy.

Evidence in Domestic Violence Cases

Evidence is crucial in domestic violence defense. Proper evidence can make or break your case. Let’s explore the types of evidence commonly used and how they can impact your defense strategy.

911-Call Recording

911-call recordings can be powerful. They capture the immediate aftermath of an incident, often including “excited utterances.” These are statements made under stress, which can be exceptions to hearsay rules as per F.S. 90.803(2). For example, if the alleged victim makes a frantic call, it can be used by the prosecution. But, your lawyer can challenge its admissibility if it was made too long after the event.

Visible Injuries

Photographs of visible injuries are common evidence. They can show the extent and nature of injuries. However, absence of injuries can also be a defense. If there are no visible marks, it may support claims of innocence or self-defense.

Physical Evidence

Physical evidence like torn clothing, broken furniture, or other signs of a struggle can be presented. This evidence can either support or contradict the claims made by the alleged victim. Your lawyer will scrutinize this to see if it aligns with your version of events.

Cell Phone Records

Cell phone records can include text messages, voicemails, photos, and videos. These can show threats, admissions, or contradictions. For example, a text message from the alleged victim saying they are unhurt can be crucial.

Eyewitness Testimony

Eyewitnesses can provide accounts of what they saw or heard. This could be neighbors, family members, or even passersby. Their testimony can support your story or the alleged victim’s. Your lawyer will interview them to find inconsistencies or biases.

Expert Witness Testimony

Experts in fields like healthcare or psychology can testify. They can explain injuries, mental states, or behaviors. For instance, a psychologist might testify about the stress responses that could explain certain actions.

Photographs

Photographs of the scene, injuries, or even the lack of injuries are vital. They offer a visual account of what happened. Make sure to take clear, timestamped photos as soon as possible.

Security Camera Footage

Security cameras might capture the incident or its aftermath. This footage can be a goldmine, showing what actually happened. Your lawyer will seek to obtain and review any available footage.

Medical Records

Medical records document injuries and treatments. They can validate claims of self-defense or show that injuries were not caused by you. Always request copies of any relevant medical reports.

Excited Utterance Exception

The “excited utterance” exception allows certain statements made under stress to be admissible, even if they are hearsay. This is often used in domestic violence cases. Your lawyer can challenge this by arguing the statement was made too long after the event or was not truly spontaneous.

Next, we’ll discuss the common defenses used in domestic violence cases and how they can be applied to your situation.

Common Defenses in Domestic Violence Cases

When facing domestic violence charges, understanding the common defenses can make a big difference. Here are some strategies that can be used:

Absence of Injuries

If the alleged victim has no visible injuries, this can be a strong defense. No injuries can suggest that the incident did not happen as claimed or that it was not as severe.

Mutual Combat

Sometimes, both parties are involved in the physical altercation. Mutual combat can be used as a defense if you can show that both you and the accuser were willing participants in the fight.

Self-Defense

One of the most common defenses is self-defense. You need to show that you were protecting yourself from immediate harm and used reasonable force.

Stand Your Ground

Florida’s Stand Your Ground law allows you to use force if you feel threatened, even in your own home. This can be a powerful defense if you can prove you faced an imminent threat.

Dispute of Key Facts

Challenging the key facts of the case can weaken the prosecution’s argument. This includes questioning the timeline, location, and sequence of events.

Lack of Corroborating Evidence

Lack of corroborating evidence means there is no supporting proof for the accuser’s claims. This can include the absence of physical evidence, witnesses, or medical reports.

Defense of Others

If you acted to protect someone else, like a child, this can be a valid defense. Defense of others requires showing that your actions were necessary to prevent harm to another person.

Defense of Property

Using force to protect your property can also be a defense. Defense of property is about showing that you acted to prevent damage or theft.

Vindictive Accuser

Sometimes, accusations are made out of spite or revenge. A vindictive accuser defense involves proving that the allegations are false and motivated by anger or a desire for revenge.

Lack of Accuser Credibility

If the accuser has a history of lying or making false claims, this can be used to question their credibility. This defense involves digging into the accuser’s past and presenting evidence of their untrustworthiness.

Building a Strong Domestic Violence Defense

Building a strong domestic violence defense requires strategic planning and timely action. Here’s how to get started:

Early Intervention

Early intervention is crucial. The sooner you hire a defense lawyer, the better your chances of a favorable outcome. Early legal advice can prevent mistakes that might weaken your case.

Hiring a Defense Lawyer

Choosing the right lawyer is essential. Look for someone experienced in domestic violence cases and familiar with local laws. An experienced attorney can navigate complex legal issues and provide a solid defense strategy tailored to your situation.

Tip: Ensure your lawyer is client-focused and attentive to your needs.

Motions to Suppress Evidence

A skilled attorney will file motions to suppress evidence that was improperly obtained. This can include evidence gathered without a warrant or through coercion.

Challenging Hearsay Exceptions

Prosecutors often rely on the “excited utterance” exception to hearsay, such as 911 call recordings. A good defense lawyer will challenge these exceptions and argue that the statements should not be admitted as evidence.

Counseling and Treatment

Voluntarily seeking counseling or treatment can show the court that you are taking responsibility and making positive changes. This can sometimes lead to more favorable terms in plea deals or sentencing.

Early Negotiations with the State

Early negotiations with prosecutors can often result in reduced charges or even dismissal. A defense lawyer can highlight weaknesses in the prosecution’s case and present mitigating factors that might sway the prosecutor’s decision.

Coordination with the Victim

While you should avoid direct contact with the victim, your lawyer can communicate on your behalf. This can help resolve practical issues like living arrangements or parenting schedules without violating no-contact orders.

Warning: Violating a no-contact order can result in severe consequences, including jail time.

By taking these steps, you can build a robust defense against domestic violence charges.

Frequently Asked Questions about Domestic Violence Defense

What evidence should be collected in a domestic violence case?

Collecting evidence is crucial in defending against domestic violence charges. Here’s a list of the most important types of evidence:

• 911-call recordings: These can capture the initial report of the incident and the emotional state of the parties involved.
• Visible injuries: Photographs of any injuries can be powerful evidence. Make sure they are clear and timestamped.
• Physical evidence: This includes anything at the scene that might support your version of events, like household objects or broken furniture.
• Cell phone records: Text messages, call logs, and voicemails can provide context and support your defense.
• Eyewitness testimony: Statements from neighbors, friends, or family members who witnessed the incident can be invaluable.
• Expert witness testimony: Professionals in healthcare, mental health, or law enforcement can offer expert opinions that may help your case.
• Security camera footage: If available, this can show what happened before, during, and after the incident.
• Medical records: These can document injuries and treatments, supporting claims of self-defense or disputing the severity of alleged injuries.

How do you build a case against an abuser?

Building a case against an abuser involves collecting various forms of evidence to support the allegations:

• Verbal testimony: The victim’s account of the incident is crucial. However, their testimony may be fragmented due to trauma, as noted in research from Forbes.
• Medical reports: These can provide documentation of injuries and treatments that corroborate the victim’s story.
• Pictures: Photographs of injuries, damaged property, or the scene can be compelling evidence.
• Police reports: Officers’ observations and notes from the scene can support the case.
• Household objects: Items like broken furniture or torn clothing can indicate a struggle.
• Eyewitnesses: Statements from people who saw or heard the incident can strengthen the case.

What is the burden of proof for battery in Florida?

In Florida, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. This means the evidence presented must be so convincing that there is no reasonable doubt about the defendant’s guilt.

A defense lawyer plays a critical role in challenging the prosecution’s evidence. They may:

• Question the credibility of witnesses.
• Present alternative explanations for the evidence.
• Highlight inconsistencies in the prosecution’s case.

The burden is on the prosecution to prove guilt, not on the defense to prove innocence.

By understanding these aspects, you can better navigate the complexities of a domestic violence case. If you have further questions, contact Inland Empire Criminal Defense at (909) 939-7126 for a free consultation.

Next, let’s explore the importance of early intervention and hiring a defense lawyer.

Conclusion

Facing a domestic violence charge can be overwhelming, but you don’t have to go through it alone. At Inland Empire Criminal Defense, we specialize in providing personalized defense strategies tailored to your unique situation. Our experienced attorneys understand the complexities of domestic violence cases and are dedicated to protecting your rights and future.

We offer free consultations to discuss your case and explore your options. Whether you’re in Riverside, San Bernardino, or Los Angeles Counties, we’re here to help. Contact us at (909) 939-7126 to schedule your consultation.

Early intervention is key. The sooner you get in touch with a defense lawyer, the better your chances of achieving a favorable outcome. Don’t wait—reach out to us today and let us help you navigate through this challenging time.