Possible Defenses a Criminal Defense Attorney in Miami Dade May Rise to Domestic Violence Charges

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22nd Jun 2020

A seasoned criminal defense attorney in Miami Dade knows that many people accused of domestic violence charges did not commit this crime or that there are extenuating circumstances that do not make this type of case so simple. If you are accused of domestic violence, it is important that you quickly retain the services of a qualified criminal defense attorney in Miami Dade who can raise defenses, such as:

False Allegations
Sometimes, a person may make a fake allegation against someone for domestic violence because he or she wants to obtain a benefit, such as:

  • Forcing the accused to leave their household
  • Gaining an upper hand in a child custody case
  • A scorned lover getting revenge
  • Damaging the reputation of the accused

If the alleged victim is lying about the whole incident, your criminal defense attorney can look for evidence to exonerate you, such as showing that you were not at the scene of the crime at the time it was committed, showing that the victim did not sustain any injuries, or showing that the injuries are not consistent with the alleged victim’s statements.

In other situations, the victim may have been struck, but this may have been after you had tried to leave the situation or were defending yourself against their aggressive attacks. Your attorney can try to find any eyewitnesses or cameras that support your version of events. He or she can also look for the alleged victim’s statements in police reports that admit to striking you. You may also have defensive injuries that can help establish this defense.

Lack of Evidence
In other situations, the prosecutor may not have sufficient evidence to convict you of this type of crime, such as if the alleged victim refuses to testify against you, there was a lack of evidence of injuries or other proof that domestic violence occurred, or the only evidence in the case is ruled inadmissible due to police misconduct.