Arrested for Domestic Violence in Palm Beach County or any Where in Florida and Need Help
Domestic Violence is a serious issue in Palm Beach County, Florida and it is important for those arrested for misdemeanor domestic violence charges take the necessary steps to defend themselves. The first step is hiring an experienced Florida criminal defense lawyer that has successfully represented defendants in all types of domestic violence cases. For a one (1) hour case strategy, with Attorney Roger P. Foley, schedule a detailed consultation now.
There are many types of domestic violence (dv) charges. The most common misdemeanor charges are Misdemeanor Battery and Violation of injunction. The most common felony domestic violence charges are Battery by Strangulation and Battery On A Pregnant Women.
Educate yourself!Winning Defense Strategies In Florida Domestic Violence Cases
There are a number of different ways to defend against domestic violence charges, but it is important to understand that each case is unique and what works for one person may not work for another. A successful domestic violence attorney will examine the facts of the case and prepare legal defenses to the case. Here are some of the most common ways to defend against domestic violence charges in West Palm Beach and throughout Florida:
- Your lawyer can attack the case immediately after arrest by contacting the domestic violence case filing unit. During this process a highly skilled domestic violence lawyer will humanize his client, present witnesses and evidence contradicting the allegations. Sometimes an alleged victim will contact the defense attorney and sign a sworn affidavit changing his/her prior statements to police. Free Waiver of Prosecution provided here.
- False Accusations: False accusations are not uncommon in domestic violence cases, and it is important to take steps to defend against these claims. This can include gathering evidence that supports your innocence, such as witness statements or security footage, and presenting this evidence to the state attorney’s Office and in court during a motion or trial.
- Self-Defense: In some cases, domestic violence charges may arise as a result of a person acting in self-defense. If you can demonstrate that you were in fear of your safety and that your actions were necessary to protect yourself, this may be a viable defense in your case.
- Mutual combatants refer to individuals involved in a domestic violence case who have both engaged in physical altercation or threatened physical violence. In Florida, mutual combatant cases can be difficult to prosecute, as it can be challenging to determine who the primary aggressor was. In such situations, the police may arrest both parties, even if one person was the initial aggressor. However, the state must still prove beyond a reasonable doubt that one of the individuals committed an act of domestic violence. Mutual combatant cases highlight the complexities that can arise in domestic violence cases, and the importance of a thorough investigation and evidence gathering.
- In a domestic violence case, the alleged victim's drug or alcohol impairment can lead to dismissal if it creates credibility issues or impairs their ability to recall facts. The prosecution may decide to dismiss the case if they believe that the victim's impairment will negatively impact their ability to testify, making it difficult for them to recall key details and facts about the incident. This can make it challenging for the prosecution to build a strong case and prove their allegations beyond a reasonable doubt.
- Mental Health Issues: In some cases, domestic violence may be a result of mental health issues or emotional distress. If you can demonstrate that your behavior was a result of a mental health issue, such as bipolar disorder or depression, this may be a defense in your case.
- Lack of Evidence: One of the most common defenses against domestic violence charges is a lack of evidence. In order for the prosecution to win a domestic violence case, they must prove beyond a reasonable doubt that the defendant committed the crime. If there is not enough evidence to support the charges, it may be possible to have the case dismissed.
- Conflicts in evidence can lead to a dismissal in a domestic violence case if the prosecution feels that their case is not strong enough to prove their allegations beyond a reasonable doubt. Conflicts in evidence can occur when there are inconsistent statements or testimony from witnesses, conflicting physical evidence, or when the evidence supports multiple interpretations of events. In such cases, the prosecution may choose to dismiss the case if they believe that the conflicting evidence will make it difficult to secure a conviction or if the evidence is not strong enough to prove their allegations. Conflicts of evidence and lack of evidence are key points to a jury finding reasonable doubt.
- Diversion is not a defense to domestic violence charges but can lead to a dismissal of your criminal charges.
It is important to note that these are just a few of the most common defenses against domestic violence charges. Each case is unique and the best defense will depend on the specific facts and circumstances of your case. If you are facing domestic violence charges in Broward, Palm Beach or Martin Counties it is important to consult with an experienced criminal defense attorney who can help you understand your rights and develop the best defense strategy for your case.
In conclusion, if you need a quality defense and an attorney that will be your voice during this difficult time, then “Just Call Me” Roger P. Foley.
The Law Office of Roger P. Foley is located in Palm Beach and Broward County. We have two offices, however we fight cases throughout the state of Florida.
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