Fort Lauderdale Criminal Attorney Blog
If you are arrested in a Broward domestic violence case, you may be wondering what evidence the state might use against you.
As experienced Fort Lauderdale criminal defense attorneys, we know at the outset exactly the sorts of things prosecutors are going to be deep diving for to make their case.
Just like in any Florida criminal case, the burden of proof rests with the prosecution to prove in court that a crime was committed and that the accused is guilty of it. They are held to the highest standard of proof, which is beyond a reasonable doubt. Despite this, they have a fairly good conviction rate for domestic violence cases. According to one study by the Bureau of Justice Statistics, domestic violence sexual assault defendants are more likely to be prosecuted (89 percent) than non-domestic sexual assault defendants (73 percent). Domestic violence defendants were as likely to be prosecuted (66 percent) as non-domestic assault defendants (67 percent), but their conviction rates are substantially higher (87 percent versus 78 percent).
Elements of a Florida Domestic Violence Charge
If you’re facing a charges under F.S. 784.03 (battery and felony battery) what the prosecution basically has to show is:
- The defendant actually and intentionally struck the other person against that person’s will.
- The defendant intentionally caused bodily harm to another person.
If the prosecution is trying to prove a domestic violence crime specifically under F.S. 741.28, they will need to show the basic elements of the underlying crime (which can include assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense relating to physical injury) AND that the target was a family or household member. A family or household member can mean a spouse, people related to you by blood or marriage, people who reside together as if they are a family (or who have in the past), or someone with whom you share a child. Unless you share a child together, domestic violence can only be established if the defendant and accuser currently live together as a family or had in the past. Continue reading
