“I Didn’t Mean to Hurt Them”: Broward Domestic Violence Defense Lawyer Talks Intent

As a Fort Lauderdale criminal defense attorney who regularly represents clients facing domestic violence charges, I often hear variations of the same anguished statement: “I didn’t mean to hurt them.” It’s a deeply human reaction—the immediate regret following an incident that has spiraled out of control, leaving both the alleged victim and the accused dealing with serious legal consequences.

This statement reveals something important about how many people understand their own actions. They recognize that harm occurred, but they genuinely didn’t intend for things to escalate to that point. Perhaps an argument became heated, emotions ran high, and physical contact occurred in the chaos. Perhaps they were trying to prevent their partner from leaving during an argument, or they grabbed something without thinking and it made contact with someone else.

The critical legal question becomes: Does lack of intent to cause harm provide a valid defense to domestic violence charges? As a Broward domestic violence defense lawyer, I will always be honest with my clients about the reality of their situation. And the fact is, while a defendant’s intent is a key element in many criminal charges (including domestic violence offenses), that doesn’t necessarily mean lack of intent to cause harm will be the basis for the best defense.

Understanding Florida’s Domestic Violence Statute

Under Florida Statute § 741.28, “domestic violence” is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Notice what this definition does—it incorporates other criminal offenses, most commonly battery, into the domestic violence framework when those offenses occur between family or household members. This means we must understand both the underlying criminal charge (like battery) and how the domestic relationship aspect affects the case.

Family or household members include spouses, former spouses, persons related by blood or marriage, persons currently living together or who have lived together in the past as a family, and persons who share a child in common, regardless of whether they were ever married.

Why Intent (Mens Rea) Matters in Criminal Law

In criminal law, mens rea — Latin for “guilty mind” — refers to the mental state or intent required to establish criminal liability. Different crimes require different levels of intent, and this distinction is fundamental to our justice system. It’s why we differentiate between murder and manslaughter, between theft and accidentally taking someone else’s property.

For battery charges, which form the foundation of most domestic violence cases in Florida, intent is indeed a required element. Under Florida Statute § 784.03, battery occurs when a person:

Actually and intentionally touches or strikes another person against their will, or
Intentionally causes bodily harm to another person

The word “intentionally” appears prominently in this statute, which might initially seem encouraging if you’re saying “I didn’t mean to hurt them.” However — and this is crucial — the intent requirement is more nuanced than most people realize.

The Critical Distinction: Intent to Touch vs. Intent to Harm

Here’s where the law becomes counterintuitive for many defendants: the prosecution does not need to prove you intended to cause harm or injury.

Florida courts have been clear on this point. For a battery conviction, the state only needs to establish that you intended the contact itself (the touching, striking, or grabbing) not that you intended for that contact to result in injury or harm. Florida courts have ruled the defendant need only intend to touch or strike a person without their consent. As such, the State is not required to show the defendant intended harm or injury.

This means that even if you genuinely didn’t mean for your partner to get hurt, if you intentionally:

Grabbed their arm to stop them from leaving
Pushed them during an argument
Threw an object in their direction
Made any physical contact that they did not consent to

…you may have committed battery, even if injury wasn’t your goal and even if no significant injury occurred.

The touching must be intentional and against the other person’s will. Truly accidental contact — like bumping into someone in a doorway — doesn’t constitute battery. But once you cross the line into intentional, non-consensual touching, the fact that you didn’t want anyone to get hurt may not be a complete defense.

Why “I Didn’t Mean to Hurt Them” Usually Isn’t Enough

When clients tell me they didn’t mean to cause harm, they’re often making what lawyers call a “specific intent” argument. They’re saying they didn’t specifically intend the harmful result. Unfortunately, battery is what we call a “general intent” crime. This means the prosecution only needs to prove you intended to commit the act (the touching) that resulted in the offense, not that you intended all of the consequences that flowed from that act.

Consider this common scenario: During a heated argument, you grab your partner’s wrist to prevent them from walking away. You don’t intend to hurt them; you just want them to stay and finish the conversation. But the grab is forceful enough to leave a bruise. Your partner calls the police.

In this situation, saying, “I didn’t mean to hurt them,” actually hurts your defense. It acknowledges the intentional touching but focuses on your lack of intent regarding the injury. However, because you intentionally grabbed their wrist against their will, you’ve satisfied the legal definition of battery. The bruise becomes evidence of the offense, not a required element that you had to specifically intend.

That’s why your Broward domestic violence defense lawyer may advise you against arguing a lack of intent to cause harm, as that alone is rarely a winning strategy in these cases.

So What Defense Strategies Actually Work?

The good news is that experienced domestic violence defense attorneys have numerous strategic approaches that may be more effective than simply arguing you didn’t mean to cause harm. The right strategy depends on the specific facts of your case, the available evidence, and your goals (whether that’s complete dismissal, reduced charges, or minimizing consequences).

1. Challenging the Intent Element Entirely

While arguing “I didn’t intend harm” doesn’t work, we may be able to argue that the contact itself was truly accidental or unintentional. This is different. In that situation, we’re not saying you touched them but didn’t mean for it to hurt; we’re saying the contact itself was not deliberate.

Examples might include:

You were gesturing during an argument and accidentally made contact
You were moving quickly through a space and collided with someone
You threw something down (not at anyone) and it bounced or ricocheted unexpectedly

The key is demonstrating that the touching or striking was not a “voluntary act” but rather an accident. This can be challenging to prove but would be a complete defense if successful.

2. Self-Defense or Defense of Others

Florida law recognizes that you have the right to defend yourself or others from harm. If you can demonstrate that you reasonably believed you or someone else was in imminent danger of harm and that your actions were a proportionate response to that threat, you may have a valid self-defense claim.

Self-defense cases require careful analysis:

Was there a genuine threat of harm?
Was your belief that you needed to defend yourself reasonable?
Was the force you used proportionate to the threat?
Were you the initial aggressor, or did you attempt to retreat?

Many domestic violence cases involve mutual combat or situations where both parties were physical. A skilled Broward County defense attorney can investigate whether your actions were truly defensive rather than offensive.

3. Consent

In rare domestic violence cases, consent may be a defense. However, this is a difficult argument to make in the domestic violence context. Courts are generally skeptical of consent defenses where intimate partners are involved. Usually, this applies more to situations involving consensual physical activities that went wrong rather than incidents during arguments.

4. Challenging the Evidence

Often, the most effective defense strategy is attacking the prosecution’s evidence. Domestic violence cases frequently involve:

Conflicting statements from the parties involved
Lack of independent witnesses
Injuries that could have multiple explanations
Statements made in the heat of the moment that don’t match physical evidence
Credibility issues with the alleged victim

As a Broward domestic violence defense lawyer, I thoroughly examine:

Police reports and officer body camera footage
911 call recordings
Text messages, emails, and social media communications
Medical records and photographs of injuries
Witness statements
Prior incidents between the parties

Sometimes the evidence simply doesn’t support the charges, or it raises reasonable doubt about what actually happened. Perhaps the alleged victim’s account has changed over time. Perhaps the injuries could have been self-inflicted or occurred in a different manner. Perhaps there’s evidence that the alleged victim has made false accusations in the past.

5. Challenging the “Against the Will” Element

Remember that battery requires contact “against the will” of the other person—in other words, without consent. In some cases, we can demonstrate that the contact was actually consensual or invited.

For example, if both parties were engaged in mutual combat—both pushing, grabbing, or striking each other—there’s an argument that the contact was mutual rather than one-sided aggression. While this doesn’t always result in complete dismissal, it can lead to reduced charges or alternative resolutions.

6. Pretrial Diversion and Alternative Resolutions

Sometimes the best strategy isn’t to fight the charges at trial but to negotiate an alternative resolution that protects your future. Florida offers several diversion programs for first-time offenders, including:

Pretrial intervention programs
Deferred prosecution agreements
Batterer’s intervention programs coupled with probation

These alternatives may allow you to avoid a conviction on your record if you successfully complete the program requirements. As an attorney, I can assess whether a client is a good candidate for these programs and negotiate with prosecutors to secure the best possible outcome.

7. Mitigation and Sentencing Advocacy

If the evidence against you is strong and a conviction is likely, our focus shifts to mitigation. We’ll be presenting evidence and arguments that support the most lenient possible sentence. This might include:

Your lack of prior criminal history
Evidence of provocation or mutual combat
Testimony about your character and contributions to the community
Mental health or substance abuse issues that contributed to the incident
Your genuine remorse and steps you’ve already taken toward rehabilitation
The wishes of the alleged victim (if they don’t want prosecution)

The fact that you truly didn’t intend to cause harm can be relevant at sentencing, even if it’s not a complete defense to the charges. Judges consider the full context when determining appropriate consequences.

Factors That Influence Strategy Selection

Choosing the right defense approach requires careful analysis of numerous factors:

The Strength of the Prosecution’s Evidence. Cases with video evidence, multiple witnesses, severe injuries, and consistent statements from the alleged victim require different strategies than cases that rely solely on he-said-she-said testimony.
Your Criminal History. First-time offenders have access to diversion programs and leniency that repeat offenders don’t. Prior domestic violence charges significantly complicate your case.
The Alleged Victim’s Cooperation. In some cases, the alleged victim doesn’t want prosecution to proceed. While prosecutors can proceed without the victim’s cooperation in Florida, a non-cooperative victim significantly weakens the state’s case. However, be extremely careful here—any contact that violates a no-contact order or attempts to influence the victim’s testimony can result in additional charges.
The Severity of Injuries. Cases involving serious bodily harm, permanent disfigurement, or use of weapons face enhanced penalties and are prosecuted more aggressively. Minor injuries or no injuries at all may present opportunities for reduced charges.
Your Goals and Priorities. What matters most to you? Avoiding jail time? Protecting your professional license? Maintaining custody of your children? Avoiding a permanent criminal record? Your priorities help guide strategy decisions.
The Jurisdiction and Prosecutor. Different prosecutors and judges have different approaches to domestic violence cases. Some jurisdictions have specialized domestic violence units that take a particularly aggressive stance, while others may be more open to alternative resolutions.
Collateral Consequences. Beyond the criminal penalties, domestic violence convictions can affect child custody, immigration status, professional licenses, gun rights, and employment. We must consider these broader impacts when developing strategy.

Why You Need Experienced Legal Representation

Domestic violence cases are uniquely emotional and complex. They involve intimate relationships, family dynamics, and often occur in private with no independent witnesses. The stakes are extraordinarily high—not just the potential criminal penalties, but the impact on your family, career, and future.

An experienced domestic violence defense attorney brings several critical advantages:

Knowledge of Applicable Law: We understand the nuances of intent requirements, the specific elements prosecutors must prove, and the defenses available under Florida law.
Investigative Resources: We can conduct independent investigations, interview witnesses, obtain surveillance footage, and gather evidence that police may have overlooked.
Negotiation Skills: Much of criminal defense work happens outside the courtroom through negotiations with prosecutors. An experienced attorney has relationships and credibility that can lead to better outcomes.
Trial Experience: If your case goes to trial, you need someone who knows how to pick a jury, cross-examine witnesses, present evidence, and make persuasive legal arguments.
Strategic Thinking: Every case is different. We analyze the unique facts and circumstances of your situation to develop a customized defense strategy.
Protection of Your Rights: From your first contact with police through final resolution, we ensure your constitutional rights are protected and that you don’t inadvertently harm your case.

What You Should Do If You’re Facing Charges

If you’re facing domestic violence charges in Broward County, take these steps immediately:

Do not contact the alleged victim. This cannot be emphasized enough. If there’s a no-contact order in place, any violation—even a text message responding to their contact—can result in additional charges. Even if there’s no formal order, contact can be used against you and may be viewed as witness tampering.
Do not discuss your case. Anything you say can be used against you. Don’t talk to police without your attorney present. Don’t discuss the case on social media. Don’t explain your side of the story to friends who might later be called as witnesses.
Document everything. If you have evidence that supports your defense—text messages, emails, photographs, receipts showing your location, names of witnesses—gather and preserve this evidence immediately.
Seek legal representation immediately. The earlier we get involved in your case, the more we can do to protect you. We may be able to influence charging decisions, preserve evidence, and begin building your defense while memories are fresh.
Follow all court orders. If you’ve been released on bond with conditions, follow them scrupulously. Any violation can result in revocation of your bond and pretrial detention.
Take care of your mental health. Being charged with a crime is traumatic. Consider speaking with a therapist or counselor. This not only helps you cope but may also demonstrate to the court that you’re taking the situation seriously and working on self-improvement.

Moving Forward with Honesty and Hope

For clients who come to my office and say they didn’t mean to hurt anyone: I believe you. Most people charged with domestic violence never imagined they’d find themselves in this situation. They’re people who made mistakes, often in moments of high emotion and stress within complicated relationships.

But a good Broward domestic violence defense lawyer should be completely honest with you about what “I didn’t mean to hurt them” means legally. The legal system is complex, and domestic violence cases carry serious consequences. But with skilled representation, many defendants are able to achieve outcomes that allow them to move forward with their lives, whether that’s complete dismissal of charges, reduced charges, alternative sentencing, or minimal penalties.

You don’t have to face this alone. If you or someone you love is facing domestic violence charges in Broward County, Fort Lauderdale, or anywhere in South Florida, contact our office for a confidential consultation. We’ll listen to your story, review the evidence against you, explain your options, and develop a strategic defense plan tailored to your situation.

Your life isn’t defined by your worst moment. Let us help you fight for your future.

Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.

Additional Resources:

UCR Domestic Violence, Florida Department of Law Enforcement

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