You and your spouse had a heated argument that escalated when a neighbor called the police. Now, you're facing Florida domestic violence charges that threaten your freedom, reputation, and future. The allegations aren't true, but you're not sure how to prove your innocence.
At Flaherty & Merrifield, our Destin defense attorney understands the seriousness of domestic violence charges. Florida prosecutors can pursue cases even when the alleged victim no longer wants to press charges. With the right evidence and legal strategy, we can work toward reducing or dismissing your charges.
What Constitutes Domestic Violence in Florida
Under Florida Statute 741.28, domestic violence occurs between family or household members. This may involve spouses, former spouses, people related by blood or marriage, people who live together as a family, and parents of a child in common. The law covers various offenses, including assault, battery, stalking, kidnapping, and false imprisonment.
Even minor physical contact during an argument can be misinterpreted as battery under Florida Statute 784.03. Even without visible injuries, you could face serious charges based on this brief contact. Florida law requires police to identify a primary aggressor in domestic disputes, often resulting in arrests based on limited information gathered at the scene.
Evidence That Can Lead to Case Dismissal
Several types of evidence can weaken the prosecution's case and potentially lead to the dismissal of domestic violence charges.
Lack of Physical Evidence
In many Florida domestic violence cases, physical evidence plays a crucial role. This might include:
- Absence of injuries. If medical reports show no injuries consistent with the allegations, this creates doubt about the claims. For instance, if your spouse claimed you struck them, but there are no marks or bruises, prosecutors may struggle to prove their case.
- Inconsistent physical evidence. When physical evidence contradicts the alleged victim's story, it raises questions about credibility. If your spouse claims you pushed them against a wall, but there are no wall indentations or bruising patterns consistent with such an impact, this inconsistency could help your defense.
Prosecutors rely heavily on physical evidence to prove domestic violence beyond a reasonable doubt. Without it, they face an uphill battle in court, which might lead them to dismiss charges rather than risk losing at trial.
Witness Statements and Testimonies
Witness accounts can make or break a domestic violence case. Key witness evidence includes:
- Independent witnesses. Neighbors, friends, or passersby who observed the incident may provide versions that contradict the allegations. For example, if a neighbor saw the entire interaction and can testify that no physical contact occurred, this could be powerful evidence for your defense.
- Character witnesses. People who can attest to your non-violent character and relationship dynamics may help create reasonable doubt. Your employer, friends, or family members might testify about your peaceful nature and conflict-resolution skills.
- Inconsistent statements. If the alleged domestic violence victim gives different versions of events to police, medical personnel, or in court, these inconsistencies can undermine their credibility.
Video, Audio, and Digital Evidence
Audiovisual and digital evidence is increasingly common and can be decisive in domestic violence cases. Common examples include:
- Security camera footage. Home security systems, doorbell cameras, and cell phone recordings might have captured the incident, showing that no violence occurred.
- Digital messages. Texts, emails, and social media messages can provide valuable context, especially exchanges showing fabrication, establishing an alibi, or demonstrating friendly communication after the alleged incident.
- 911 call recordings. The content and tone of emergency calls can sometimes contradict later allegations. If a neighbor called 911 reporting "loud arguing" but later claims to have witnessed a physical assault, this discrepancy could benefit your defense.
Victim Recantation of Domestic Violence Allegations
When an alleged victim takes back their accusations, it can significantly impact a domestic violence case. Even so, Florida prosecutors may still continue pursuing charges without their cooperation. Properly documenting recantations through written statements, recordings, or testimony under oath is crucial for effectiveness.
The weight of recantations depends on several factors, including timing, the reason for the recantation, and consistency with other case evidence.
When They Recant Their Statement
A quick recantation, especially before formal charges are filed, may carry more weight. An early correction might be viewed more favorably.
Reason for the Recantation
Courts consider why the person is recanting. A recantation indicating that the person was angry in the heat of the moment may be more credible than one that appears motivated by financial concerns or pressure.
Consistency With Other Evidence
If the recantation aligns with physical evidence and witness statements, it's more likely to lead to case dismissal. When your spouse's new account matches what independent witnesses observed, prosecutors might find it difficult to proceed.
The Role of Criminal Defense Investigations
A thorough defense investigation can uncover evidence the police might have missed.
Timeline Contradictions
Identifying contradictions in the prosecution’s case can lead to dismissal. Cell phone records, work logs, or transaction receipts can help establish an accurate timeline. If receipts show you were checking out at a grocery store when the alleged assault occurred at home, this creates a strong alibi.
Physical Impossibilities
Investigations might also identify physical impossibilities. Sometimes, allegations describe actions that couldn't physically have happened as described. If your spouse claims you threw them across a room, but you have a documented back injury that would make such an action impossible, this contradiction helps your case.
Evidence of Other Motives
Your Destin defense attorney may uncover motivations for false allegations. If your defense team discovers emails where your spouse discussed using domestic violence allegations to gain an advantage in divorce proceedings, this could lead to dismissal.
Full Transparency
Domestic violence charges can derail your life, but with the right evidence and legal strategy, these charges can often be reduced or dismissed. Being completely honest with your lawyer is crucial. Share all evidence, disclose previous incidents, and identify potential witnesses who may support your case.
