In Florida and most other states, domestic violence is defined as any physical, economic, emotional, or sexual abuse toward a romantic partner. This abuse is often used to establish control and power over the other person.
Domestic violence can happen in any type of relationship, but it is most common in heterosexual long-term romantic relationships. However, domestic violence can also be committed against an ex-spouse, people who are blood-related, people who reside in the same home, or a co-parent who does not live with you.
How Does Florida Define Domestic Violence Homicide?
Domestic violence homicides are murders that occur between romantic partners. Any intimate relationship that ends in murder is classified as domestic violence homicide. This can include long-term partners, married partners, ex-partners, or even third-party relationships, like love triangles or jilted lovers.
In many cases, domestic violence homicides have already involved a restraining order or an order of protection against the alleged perpetrator. Stalking, harassment, and abuse can all lead an alleged victim to make a police report or request an order of protection for their own safety.
However, if you have been arrested for domestic violence homicide, prosecutors must still prove guilt beyond a reasonable doubt. With our law firm on your side, we can build a case for your defense and negotiate with prosecutors to reduce or even remove the penalties you are facing.
What Are the Most Common Defenses Against Domestic Violence Homicide Charges?
Domestic violence homicide is a serious charge that could come with penalties like jail time and hefty fines. Fortunately, our legal team has years of experience defending clients from domestic violence homicide charges.
While your specific legal strategy will depend on your circumstances, there are some common defenses our team can rely on to help you.
Common defense strategies against domestic violence homicide include:
Acting in Self-Defense
If you feared for your life or your child’s life and did what you had to do to defend yourself, our team can argue that you acted in self-defense. This defense strategy is viable because you have the right to defend your or your family’s well-being. It’s important to note that your use of force must be on par with the other party’s use of force to be considered self-defense.
Defending Your Property
You have the right to defend your property, even from a spouse or loved one. If you acted assertively to prevent your spouse from damaging your property or stealing from you, you may be able to defend yourself with this strategy. Additionally, Florida is a stand-your-ground state, meaning you are legally able to defend yourself using deadly or reasonable force when necessary.
It’s possible that you acted in a way that unintentionally harmed or killed your spouse or loved one. If their death was an unfortunate accident or an unintentional mistake, our team can argue that there was no premeditation.
Depending on the evidence in your case, it’s possible that you could claim total innocence. If you were nowhere near the alleged crime scene or have an alibi that places you elsewhere, our team can work with you to build a strong defense against your charges.
How Can Domestic Violence Homicide Charges be Prevented?
In some cases, domestic violence homicide charges can be dropped or prevented entirely before a case goes to trial. If you have been questioned by police but have not yet been detained or arrested, contact our office today. If there is a lack of evidence against you, police officers may not have enough for a warrant. The defense lawyers on our team will strategize with you to help you negotiate with law enforcement officers and prevent you from being charged in the first place.
How Can a Defense Attorney Help Me?
Domestic violence homicide is a serious charge that can have severe consequences on your life if you are convicted. Jail time, hefty fines, and a smear to your reputation are just some of the impacts you may see after a guilty verdict. Our team will work with you to build a solid defense strategy and reduce or remove the penalties you are facing. Regardless of your situation, our experienced team is confident that we can assist you. Contact The Defense Group by calling 407-743-8430 today.