The Law Offices of Elaine E. Lukic
20 Years Experience
Former domestic violence & sex assault prosecutor
Free Consultation 24/7
Toll Free: 800-478-8859
Menu Contact
"The Highest Rate Of Acquittals and Dismissals" — Equal Justice Foundation

Common potential defenses of domestic violence charges

It does not take much for a person in Florida to be brought up on domestic violence charges. The definition of what constitutes the crime is quite broad. Allegations of assault or battery sit at the high end of the crime charge spectrum. At the low end, the law says the mere threat of physical harm can elicit an accusation.

What makes domestic violence cases different from other assaults is that the victim and alleged perpetrator typically have a close relationship. That might involve family members, but situations involving unrelated individuals living in the same household can trigger charges, too. Penalties for a conviction range from a minimum term of five days in jail to as much as 15 years of incarceration. If you are a non-U.S. citizen, deportation is possible.

With all that's at stake, a robust defense is called for when you are charged. Because every state's laws differ, working with a skilled attorney is always a good idea. That said, experienced lawyers know that there are certain potential defense strategies worth exploring up front.

  1. Self defense. It takes two to have an altercation and sometimes the resulting violence stems from one person's attempts to protect themselves.

  2. False accusation. Accusations of abuse are not uncommon among divorcing spouses. Sometimes a defendant can debunk suspicions by providing police a solid alibi, indicating that someone else was responsible for the alleged violence.

  3. Consent. Sometimes harmful activities occur with the consent of both parties. Such consent may serve as a defense.

  4. Lack of evidence. As with any crime, the state bears the burden of proving its case beyond a reasonable doubt to obtain a conviction. Preventing the use of possible evidence or proving evidence is wrong often makes for the strongest defense.

Each case is unique and deserves analysis from a perspective that puts the defendant's rights at the forefront. However, it's important to remember that that is not something police and prosecutors are obliged to deliver.

No Comments

Leave a comment
Comment Information

Learn How We Can Help

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email us for a response

Palm Beach Gardens Office
Village Square Professional Park
800 Village Square Crossing
Palm Beach Gardens, FL 33410

Toll Free: 800-478-8859
Phone: 561-656-2024
Fax: 561-656-2041
Map & Directions

Lakewood Office
14143 Denver Pkwy W.
Suite 100
Lakewood, CO 80401

Toll Free: 800-478-8859
Phone: 303-809-3425
Fax: 303-569-2233
Map & Directions

Frisco Office
307 Main Street
Frisco, CO 80443

Toll Free: 800-478-8859
Phone: 970-668-3222
Fax: 303-569-2233
Map & Directions