Unfortunately, particularly when there is alcohol involved, you may find yourself on the wrong end of a domestic violence charge.  You may not know it, but is widely believed that the majority of domestic violence charges are false. You should not take this lightly. Do not assume that your accuser will come to their senses and this all will go away. This matter might show up in a Google search for years to come, and could affect you adversely in a job application or a business deal. There are defenses that you can make against a domestic violence charge.

The Allegations Against You are False
Again, many domestic violence arrests result from false allegations. When the police respond to a report of domestic violence, in most cases, they have an obligation to make an arrest in order to protect the claimed victim. This sets off a whole sequence of events, and it can quickly seem as though you are being treated as guilty until proven innocent.

How do you prove that domestic violence allegations are false? Depending on the circumstances, there are a number of different possibilities. Witnesses may be able to testify as to what really happened, you may be able to present an alibi, or the claimed victim may even admit to fabricating his or her accusations in a text message or on social media. When you hire a criminal defense lawyer to represent you, your lawyer will examine all potential sources of evidence in order to determine if it is possible to disprove the allegations against you.

You Acted in Self-Defense or in Defense of a Family Member
Acting in self-defense or in defense of a family member is a defense to domestic violence. These are what are known as “justification” defenses, which means that you can be found not-guilty even if you did in fact physically attack a family or household member. If you acted to save yourself or someone else (i.e. a child) who was at risk for suffering serious or fatal injuries as a result of abuse, then you are not guilty of a crime. These defenses frequently apply in domestic violence cases, and your attorney can determine if they are available under the facts of your particular case.

You Did Not Commit “Abuse” as Defined By Law
Domestic violence statutes use the term “abuse” to describe the types of conduct that can lead to criminal charges. Examples include:

“Attempting to cause . . . bodily injury.”
“[I]ntentionally, knowingly or recklessly causing bodily injury.”
“Placing another in reasonable fear of imminent serious bodily injury.”
“The infliction of false imprisonment.”
“Knowingly engaging in a course of conduct . . . under circumstances which place the [victim] in reasonable fear of bodily injury.”
In order to convict you, the prosecutor’s office must be able to prove that you committed one of the above forms of abuse. If you accidentally hurt a member of your family or household, then you are not guilty of “intentionally, knowingly, or recklessly causing bodily injury.” If the claimed victim’s fear of imminent serious bodily injury was unreasonable, then you did not commit a crime. These are just two examples of the many factual issues that can justify a not-guilty verdict at trial.

The Police Violated Your Constitutional Rights
While there are special rules that apply when the police respond to a report of domestic violence, the police still have a duty to observe alleged assailants’ constitutional rights. If the police violate your constitutional rights (i.e. by arresting you without probable cause or interrogating you in custody without reading the Miranda warning), then this can provide a defense in your domestic violence case.

When reviewing your case, your attorney will be able to determine if you have grounds to file a motion to suppress the prosecution’s evidence against you. If so, and if the motion is successful, then this may prevent the prosecutor’s office from being able to prove your guilt beyond a reasonable doubt.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.