A domestic violence charge can change your life. If you’re arrested for this offense in Florida, it’s important to know which defense to use in your case. Your freedom may depend on it.
A common defense for a domestic abuse charge is to argue mistaken identity. If the victim was attacked by someone but wrongly believed it to be you, this might be a strong defense. Mistaken identity is common in many types of offenses and could work in your case.
The victim lied
Sometimes, a person might lie and make up a story about domestic abuse taking place just because they’re angry and want to get revenge. If this happens, you can use the defense that they lied. When this is the case, the evidence is on your side. The supposed victim’s story will probably have inconsistencies, which could only strengthen your defense. They might say one thing and then forget it and say something completely different. Proof of their injuries is also necessary to support the story. If those injuries are nonexistent, the case could be thrown out.
Self-defense is a common defense used in domestic violence cases. If you used force as a way to protect yourself or your children and the evidence shows that this is the case, this defense could potentially work in your favor. The evidence will be examined and your story will be compared with the victim’s claims.
Victim gave consent
This is a rare self-defense for domestic violence, but sometimes, it can work. If the victim gave consent to the act, they would have no case against you and the charges could be dismissed.
It’s also possible to use the defense of insufficient proof. This might be the strongest defense of all. If the evidence is lacking and there’s no proof linking you to the offense, you could prevail.