Battery-Domestic Violence

Countering Charges Of Battery-Domestic Violence With The Right Defense

The felony criminal act of battery/domestic violence has always been considered the worst thing a family member can inflict on someone they are supposed to love and protect. In recent years, the number of incidents in the United States has been on the rise and in response courts everywhere have tightened the laws regarding such crimes. In Florida, it is especially difficult on the person accused of such a heinous act and to counter such a charge, you need the services of a good criminal defense attorney, immediately.

Accused of a crime you did not commit? Contact Phillip Averbuck today, known all over Florida as a competent criminal defense attorney, especially in cases of battery-domestic violence.

Battery-Domestic Violence law in Florida

Recent changes to the domestic violence law in Florida sent a clear message of conduct to all levels of state courts. In essence, the crime is defined as occurring when any assault, battery, sexual assault, stalking, kidnapping, false imprisonment or infliction of physical harm or death upon a family or household member. Household member has been further defined as anyone that you currently share a residence or have in the past, as well as those related to you through marriage or blood.

As to how this law now impacts at the court level, the Florida legislature has made it clear that the safety of the victim, their children and any other who is felt to be in danger from the accused, should be the court’s first priority, no matter what. Due caution is required to be observed before allowing the release of any accused felon on parole or bond. In fact, the minimum sentence has been raised to five days in jail, and a restraining order, or injunction of protection is almost an automatic response to such crimes.

The Defense

If you are innocent, your best defense lies in the hands of skilled criminal defense attorney; one who has been in practice for years and is familiar with all of the laws governing your case. The best thing you can do is to cooperate, even if you feel that you have been wrongly accused. Any obstruction, protest or emotional outburst can be construed as evidence of your guilt. Remain calm, plead your case honestly and openly to the police, and let your attorney handle the rest.

You will also need to be completely honest with your attorney. Any past criminal charges, whether they are directly related to battery-domestic violence or not, must be divulged, because that will be the prosecution’s first line of offense. If your attorney knows everything, he can then present the best defense to counteract the bad impression. This can include calling witnesses to defend your character, as well as bringing to light any past offenses by your accuser.