It is a simple fact: the act of battery/domestic violence should never be allowed to happen, especially when it is against a spouse or family member. No matter how much someone annoys you or angers you, it should never reach that level. Unfortunately, this type of crime is an unending fact of life that occurs across all income levels, all races and all sociological base groups. Domestic violence is in fact so rampant that many states have introduced tougher laws concerning this crime and the police in a lot of jurisdictions can make the call themselves as to who gets charged with it.
Domestic Violence Laws in Florida
When they passed the latest version of the Florida domestic violence laws, the state legislature made it a point to include a very explicit statement concerning the role of the court in cases of battery/domestic violence. The message sent by the legislature to the courts included that the safety of the victim, the children or any other person that may be endangered by the felony act should be the first priority of the court and its officers. That said, it also emphasized that extreme caution should be exercised before releasing any defendants accused of these crimes.
Under Florida law, the term domestic violence covers any assault, battery, sexual assault, stalking, kidnapping, false imprisonment, or any intentional criminal infliction of physical harm or death on a family or household member. The term household member refers to those who currently or formerly live together, or family, those related through marriage or blood.
If you are Wrongly Accused
Battery/domestic violence is a very serious charge, and should not be taken lightly. In most states, and especially in Florida, if convicted, you could be looking at a prison sentence, and a charge that will follow you the rest of your life. If you believe that you have been wrongly accused, you must take the necessary steps to defend yourself and clear your name. It starts with hiring the right attorney.
It is extremely important that you cooperate fully with the police and court. It is understandable that you may be frightened by the whole ordeal, but the very best thing you can do is to be honest and cooperative, so that you can get the chance to tell your side of the story. Losing your temper, or being obstructive, can only serve to hurt your case in the long run.
What a Criminal Defense Attorney can do
While you may believe that you are innocent and feel like you can defend yourself against these charges, it is advisable not to do so. At times like these, it is always best to hire a criminal defense attorney to help you plead your case. A knowledgeable attorney can provide you with experienced legal advice, and will help you take the steps necessary to prove your innocence against all charges in court. Even if you have not been expressly charged, you will need an attorney’s advice while dealing with the police and the prosecution.
An attorney can call witnesses on your behalf and present any counter-evidence that can be brought against your accuser. Over the past few decades, the laws concerning felony battery/domestic violence have tightened, and an unfortunate by-product of that has been that the number of innocent people accused of such crimes has nearly tripled in recent years. To properly defend against such a sensitive issue, the attorney will need to know everything, including prior incidents, convictions, drug or alcohol use, and marital issues in order to mount a successful defense.