If you are arrested for domestic violence in Fort Lauderdale, there is no one-size-fits-all defense solution. That said, there are some strategies that are commonly used because they have proven effective in many cases.
When you hire a defense lawyer, you can generally trust they are going to carefully examine the police incident report, arrest affidavit, and any existing evidence to begin formulating their legal approach.
Some questions we may ask in our initial review of the facts:
- Who contacted police? Is there a 911 recording, and does it contain evidence that may challenge the allegations against you?
- How recent were the alleged victim’s injuries? What was their emotional state at the time of the incident?
- Were there visible signs of a struggle – ripped clothing, physical injuries, damage to the scene or other property?
- Did police observations at the scene contradict either party’s version of events?
- Was either party intoxicated/potentially unreliable as a witness?
- Are there any uninvolved third parties whose testimony challenges the allegations against you?
Once we’ve gathered some basic information about what happened and the people involved, our Fort Lauderdale defense attorneys will assess which approach to lean into.
Among the possibilities:
- Our client did not do it. This is the strategy in cases where there is scant if any evidence the defendant was at the scene or involved at all. The defendant may have a credible alibi, and there’s really no clear evidence the defendant was at the scene or involved in any way.
- The alleged victim was not truthful. The defendant may not deny their presence, but the version of events provided by the alleged victim or others on the scene is not consistent or credible. Maybe the injuries don’t match the alleged victim’s version of events or are inconsistent with the crime report.
- The incident was an accident. You don’t deny there was a physical interaction that resulted in injury, but you had no intention to harm the alleged victim. Assault and battery statutes in Florida require proof of intentional unlawful threats or actions. Maybe the knife slipped or you accidentally swung while excited about something but with no intent to cause harm.
- Self-defense. This one can be a little tricky in Fort Lauderdale domestic violence cases when the defendant is physically much larger than the alleged victim – but it’s not impossible. We’ll be looking for evidence indicating the alleged victim was violent or threatening toward you (and you had a reasonable belief they meant to immediately act on it). We’ll also carefully examine your own wounds to determine if any of them appear to be defensive. Inconsistencies in the alleged victim’s story will also factor.
- Lack of evidence. This one is used often in domestic violence cases, particularly when the victim recants and especially when the prosecutor’s case is centered almost exclusively around the alleged victim’s statements. Maybe the physical evidence is not definitive or improper police methods of investigation/interrogation have resulted the suppression of what might otherwise have been key evidence against you.
If none of these approaches seems likely, there are still other possibilities we can explore. If you have questions about the domestic violence defense strategy that would be most effective in your pending Broward County case, we can help.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.
F.S. 784.03 Battery, Felony Battery