Are you facing domestic violence charges in Fort Lauderdale, Florida? These charges can be very serious and can have a major impact on the lives of those accused. Domestic violence charges are basically battery charges that involve a family member or a person who lives in your home. Intentionally striking, or touching a person without his or her consent is battery, and if the person who is struck or touched is a family member (a person related to you by blood), wife or husband, or individual living with you as a family member, or the father or mother of your child, the charges can be considered domestic violence. Individuals who are convicted of domestic violence could face up to one year in jail, may be required to attend a Batterer’s Intervention Program, probation, community service, and additional limits to your rights, including the loss of the ability to carry a concealed firearm, and you may end up with a restraining order or no contact order. If you’ve been charged or arrested for domestic violence, you are innocent until proven guilty and have the right to ask to speak to a lawyer. You also have the right to remain silent when questioned by police. Michael D. Weinstein, P.A. is a domestic violence criminal defense law firm in Fort Lauderdale, Florida that works for clients facing these charges.

Domestic Violence Defenses 

If you are facing domestic violence charges, what are some possible defenses? Basically, you are innocent until proven guilty. There might be a range of domestic violence defenses. Here are a few:

  • False Allegations. Sometimes individuals are going through a particularly tough divorce or child custody battle, and sometimes a former partner might make false allegations against an individual in order to get a desired outcome. If you are being falsely accused of domestic violence, a law firm like Michael D. Weinstein, P.A. in Fort Lauderdale, Florida may be able to review evidence of your charges, review injury evidence, and review any evidence that could support the defense that your former partner might be using this allegation to get revenge. Angry letters, angry texts, or any other evidence could potentially help you in a case. Witnesses who saw what happened may be able to corroborate your claims.
  • Self-Defense. Sometimes individuals are attacked in their own homes and they fight back. If you are being accused of domestic violence, but were just trying to protect your safety, you may be able to mount a self-defense claim. Sometimes domestic violence charges are a “he said, she said” issue. But if you have injuries to support your claims, you may be able to use self-defense as a way to fight your charges. If witnesses saw what took place, they may be able to corroborate your case as well.
  • Defense of Others (like children or other family members). If a family member had become violent and you were trying to protect children or other family members and harmed the violent individual in the process, you may be able to use defense of others as a potential defense to your domestic violence charges.
  • Consensual Touching. Sometimes a spouse or wife might accuse a partner of sexual assault, and the issue of consent becomes raised. Consent can be verbal or non-verbal and if there was alcohol involved, this could create complications in a domestic violence case.
  • Police Errors. If police failed to read you your Miranda rights, failed to let you speak to your attorney when you asked for one, or didn’t respect your request to remain silent, this could be a potential defense. If police didn’t perform a thorough search of the scene of the alleged crime, or the police report doesn’t reflect a thorough search being performed, then this could also lead to an acquittal.

These are just some of the potential defenses to a domestic violence charge. Domestic violence convictions can have serious implications for your rights, freedom and reputation. Michael D. Weinstein, P.A. is a criminal defense law firm in Fort Lauderdale, Florida that may be able to assist you.

Protect Your Rights

If you’ve been arrested for domestic violence, you have the right to ask to speak to a lawyer and the right to assert your right to remain silent. Anything you do or say to police once the police are called could be used against you in your case. Remain calm. Remain silent. Ask to speak to your attorney. Michael D. Weinstein, P.A. is a criminal defense law firm in Fort Lauderdale, Florida that fights for the rights of the accused. Contact us today to learn more.