The Law Office of James Davis, P.A.

Fighting False Domestic Battery Charges

Charges of domestic battery have been in the news a great deal of late since the video tape of Ray Rice, the NFL star accused of attacking his wife in an elevator, emerged. Unfortunately, many times, charges of domestic abuse come down to a case of “he said she said.”

Too often, these charges are filed out of spite versus out of a specific incident. If you are facing domestic battery charges under the current Florida statutes, you need a Jacksonville criminal defense lawyer to help with your defense.

Jacksonville criminal defense lawyer explains FL domestic battery charges

Florida statues are very broad about what constitutes domestic battery or violence. You may be charged for domestic battery with a current partner, former partner or any other person who resides in your home. Unfortunately, if law enforcement receives a telephone call reporting domestic battery, someone is going to be arrested. The police do not have to have any evidence; they simply need to arrest one of the involved parties and they will determine which party is at fault.

Understanding how to defend against false domestic abuse charges

One of the reasons it is important to contact a Jacksonville criminal defense lawyer if you have been charged with domestic battery is having an objective third-party to review all of the circumstances and to determine a defense strategy. Surprisingly enough, there are some fairly straightforward ways to defend against false charges including:

  • Establishing an alibi– when someone files a false charge, they are often unaware of your actual location when you supposedly were involved in an incident. Clearly this makes defending against false charges far easier.
  • Accuser motivation– when a couple’s relationship is on the rocks, revenge may be one way that a party strikes out against their former partner. Being able to show there is motivation for the other party to lie may help you fight against false domestic violence charges.
  • Inconsistent statements– typically a false accuser will have made a number of statements to law enforcement officers and to friends and neighbors. A skilled Jacksonville criminal defense lawyer can help find these inconsistencies and use them in your defense.

Domestic battery charges are very serious and could lead to mandatory jail time, loss of firearm privileges and a life-long criminal record. Do not try to fight false charges of domestic abuse on your own. Contact The Law Office of James Davis, P.A at 904-358-0420 for a free consultation to discuss your individual needs.