Police dispatched to a domestic dispute found our Client distraught and upset. The wife admitted to being enraged at her husband and intentionally striking him in the face. Her husband and another witness gave sworn statements against her. Police arrested her for Domestic Battery.
Domestic battery is defined as touching or striking another person against their will or causing bodily harm to a family member. Family members can include spouses, ex-spouses, persons related by blood or marriage, or people that have resided together in the past as a family. It can also include a couple that shares a child together, regardless if they are married or not.
Domestic battery is a very serious charge in Florida, therefore, it will have severe punishments. Jail time up to one year could be imposed, but if there was an injury, it could be up to five years. You could also have your right to carry a firearm taken away, and you will not be able to seal or expunge your record. Those convicted of domestic battery will also be required by the state to take a Domestic Batterer’s Intervention Program, often referred to as BIP. This is a 26 to 29 week program with extremely high fees that will be paid for by the batterer. Community service is typically something that the BIP program requires, as well as an evaluation. Any help that is recommended in the program will need to be taken.
Attorneys for defendants will have a variety of defenses that can be used against the plaintiff. These include lack of evidence, self-defense, defense of others, stand your ground, an absence of injuries, defense of property, a vindictive victim, and a conflict of evidence.
Burden of Proof For Domestic Battery Charge in Florida
The state will have the burden of proving the defendant is guilty of domestic battery charges beyond a reasonable doubt. Lack of evidence could potentially lead to reasonable doubt. In many battery cases, there are not any witnesses, or witnesses that were there may not be willing to cooperate with the prosecution. And if there are not any visible injuries, the state will have a very hard time proving domestic battery did indeed happen.
Obtaining Musca Law Firm
If you have been charged with domestic battery, you need representation to help you in court. At Musca Law Firm, we have over 150 years of combined experience with our lawyers. Our team will explore all avenues of legal remedies for you. We will go head to head with the state attorney after developing a case that is strong with different defense tactics. We have successfully had many cases reduced in charges or completely dropped. Call us today 24/7 to set up a free consultation with one of our skilled attorneys.
RESULT: The attorney aggressively challenged the State on being able to meet the burden of proof needed for a conviction. The State Attorney DROPPED the charge against our Client.