Have you been accused of domestic violence? If so, you may be facing incarceration, probation, and other penalties. A criminal defense lawyer can help you present a solid defense to domestic violence charges. They also ensure that the prosecution must prove its case beyond a reasonable doubt before you can be found guilty.
Keep reading to learn how an experienced criminal defense lawyer can help you fight the charges, safeguard your rights, and work toward the best possible outcome.
Overview of Domestic Violence Charges in Florida
Florida law defines domestic violence as harmful conduct by a family member or household member against another family or household member. The definition includes current and former spouses, individuals who share a child, and anyone directly related to you. It can also include non-family members who live in your home and romantic partners.
Domestic violence charges cover a wide variety of offenses, including:
- Assault and aggravated assault
- Battery and aggravated battery
- Sexual assault and sexual battery
- Stalking
- Kidnapping
- False imprisonment
Criminal penalties may include prison time, fines, and domestic violence education courses.
What Are Some Ways That a Criminal Defense Lawyer Can Help with Domestic Violence Charges?
If you have been arrested for domestic violence, a Lakeland domestic violence lawyer can help you by:
Fighting a Domestic Violence Injunction
An attorney can help you address the immediate concern of a civil injunction. Many alleged victims request a civil injunction when a person is charged with domestic violence.
A civil injunction moves quicker than a criminal case and can have life-altering consequences. You may be required to move out of the home and surrender it. A civil injunction can limit your custody rights and may also restrict your movements, including visits to your spouse’s workplace or your child’s school.
Violating an injunction can result in jail time and other penalties. If you already have a domestic violence injunction, your attorney can help you understand its terms and your responsibilities to avoid violating it.
Providing Guidance and Support
Your attorney will advise you about your legal rights and fight for your best interests. However, they can also provide support and guidance throughout your case. Your attorney can help you avoid making critical errors, such as posting information on social media or violating the terms of the protection order.
Dealing with a criminal case can be frightening or overwhelming, especially if this is your first appearance in criminal court. A criminal defense attorney ensures you are prepared for court proceedings and know when and where to appear.
Investigating the Allegations of Domestic Violence
After your arrest, you will likely be ordered not to contact your accuser. Talking with other family members or witnesses about the charges is unwise.
Your attorney can investigate the matter for you. They will gather evidence that you may be unable to obtain on your own or are unaware of.
Developing a Defense Strategy
An experienced criminal lawyer is well-versed in the various defenses to domestic violence. Your attorney will analyze the evidence and assess your legal options. Potential defenses to domestic violence include:
- Self-Defense – Your attorney may argue that you were acting in defense of yourself or another person. Self-defense can be a successful defense when there is evidence that your actions were a result of a perceived harm or threat.
- Lack of Evidence – The prosecution must prove you are guilty beyond a reasonable doubt. Your attorney may argue that there is no evidence to prove all elements of the criminal charges.
- Alibi – If you have witnesses or evidence proving you were elsewhere at the time of the alleged offense, your attorney can argue an alibi defense to have the charges dropped.
- Accidental Harm – Lack of intent may be a valid defense if the evidence shows the harm was the result of an accident rather than a willful act.
- False Allegations – A victim may make false allegations of domestic violence for revenge or because of their misunderstanding. Your attorney may use evidence that the alleged victim is not credible and that their testimony is false.
The defense used depends on the facts and circumstances in your case. A skilled defense lawyer can assess the evidence and choose the best defense for your case.
Negotiating a Plea Agreement
Your best defense may be negotiating a plea deal to avoid the worst punishments for domestic violence. Your attorney will use the evidence they have gathered and weaknesses in the state’s case to negotiate the most favorable terms possible. In many cases, prosecutors will offer better terms for a plea deal when an attorney is involved to avoid taking a case to trial.
Contact a Lakeland Criminal Defense Lawyer at Thomas C. Grajek, Attorney at Law for Legal Assistance
You do not have to face this matter alone. Call Thomas C. Grajek, Attorney At Law, for a consultation at (863) 688-4606 with a Lakeland domestic violence attorney. We help clients fight allegations of domestic violence to protect their freedom and reputation.