Orlando Domestic Battery Attorneys
Domestic battery, also commonly referred to as domestic violence, is a very serious offense in the state of Florida. State law defines battery as intentionally touching another individual against his or her will. Depending on how serious the injury alleged by the victim is, those accused may be charged with a misdemeanor or felony. At Adams & Luka, our Orlando assault and battery lawyers understand that fighting these types of charges effectively requires a skilled and aggressive attorney who is dedicated to providing the legal guidance and representation essential to a good outcome.
Central Florida Domestic Battery Lawyer
What is required to change a simple battery charge into one of domestic violence? With domestic battery, the relationship of the alleged victim to the accused is an element of the crime. For example, battery within a marriage can lead to domestic violence charges. Basically, any relationship which would be considered intimate is susceptible to this charge, including relationships between unmarried couples, or parents and their children. As dedicated Orlando assault defense attorneys, we work to provide effective legal representation to those who have been wrongly accused of abusing or battering a spouse, partner, or child.Defenses to Domestic Battery in Orlando
While domestic battery or violence is an offense that most people link with the abuse of women, men can be victims just as easily. However, more than one million women are victims of physical abuse every year, according to the National Coalition of Domestic Violence. There are several defense strategies used by defense attorneys in protecting clients against charges of domestic battery, including:
- Self defense. If you were not the one who made the first move, a self defense claim may be effective, or acting in defense of your children in the event you perceived an immediate threat.
- Lack of proof. This is often the most effective defense, as it can be difficult to prove battery if there is a lack of compelling evidence. The prosecutor must meet the required burden of proof in any criminal case, and if he/she cannot, the defendant cannot be found guilty.
- Wrong suspect. If someone else actually abused the alleged victim, it may be possible for you to prove your innocence. This will require a strong alibi, and proof that you were not near the scene of the alleged abuse/battery.
- Deliberate wrongful allegations. There are situations in which a spouse or intimate partner may make false allegations of domestic violence as a form of revenge. Your attorney will work to avoid a conviction by carefully comparing witness accounts, police records, and the alleged victim's stories, looking for inconsistencies.
Ultimately, it is vital to work closely with your criminal defense lawyer to determine the most effective defense strategy for your unique case.Criminal Penalties for Domestic Violence in Orlando & Central Florida
Because domestic battery encompasses everything from punching, shoving, or striking with an open hand to choking or even sexual assault, the penalties those convicted face will depend on whether the prosecutor files the charge as a misdemeanor or felony.
For a misdemeanor conviction, penalties may include a short jail sentence, participation in a domestic intervention or anger management program, community service, or even monetary fines. In some cases the defendant may be prohibited from contact with the victim by a Stay-Away order.
A felony conviction may leave the defendant facing the same penalties, however these penalties may be enhanced. For example, a felony conviction may result in longer jail/prison time, or higher fines. In some cases jail time may be avoided when the accused agrees to counseling or is given probation.Contact Adams & Luka Today
We know that unfortunately, many people are wrongly accused of domestic battery, and that allegations are often made in the course of divorcing, unmarried parents separating, or even in issues involving child custody or visitation. When tempers flare, things can get out of hand. Regardless of your situation, put your freedom and future in capable hands by contact our talented Orlando and Central Florida domestic battery defense lawyers today. We will fight aggressively on your behalf, working toward a positive outcome.