Punta Gorda Domestic Violence Defense Lawyer

Domestic Violence Attorney in Port Punta Gorda

Domestic violence charges can ruin reputations and lead to life-altering consequences for those who are convicted of physically or emotionally harming a spouse or partner. At Ruhl & Lux, P.A., we understand that romantic relationships are complicated and full of emotions. Even when both sides take things too far, all it takes is one call to the police to require the other partner to hire a Punta Gorda domestic violence defense lawyer.

Common Domestic Violence Terms and Definitions

If you are facing criminal charges for domestic violence, the wording of your criminal charge matters. Your criminal defense attorney can help you understand what the implications are for these and other domestic violence terms.

• Domestic Violence: This umbrella term could refer to any form of assault, aggravated assault, kidnapping, aggravated battery, battery, sexual battery, stalking, sexual assault, aggravated stalking, false imprisonment, or any other criminal act causing injury or death to members of any household.
• Assault: Assault is defined as an intentional and unlawful threat (whether by words or actions) that inflicts violence on another person. This threat must be coupled with the apparent ability to carry out the violent act. The act must result in the other person having a well-founded fear that harm is imminent.
• Battery: Battery is committed when someone intentionally causes bodily harm to another person or intentionally strikes or touches another person against their will. According to Florida state law, battery is classified as a first-degree misdemeanor.
• Aggravated Battery: Aggravated battery occurs when, during a battery, someone intentionally causes great bodily harm, permanent disability, or disfigurement, or uses a deadly weapon. This criminal charge also applies if the victim is pregnant and the offender knew or should have known about the pregnancy.

The severity of your criminal charge depends on the criminal act and other factors, such as the presence of aggravating factors. The use of a weapon could be an aggravating factor. If the victim is pregnant, that could also increase the severity of the criminal charges. The defendant’s criminal record is another possible factor that could raise a misdemeanor to a felony charge. It could also increase the penalties associated with a domestic violence charge.

Possible Defenses Against Domestic Violence Charges

Domestic violence charges are unique among penal code violations. Unlike many crimes, the victims of domestic violence often know their alleged attacker. The victim and defendant may have been in a dating relationship at the time. In some cases, they may remain in a dating relationship even after one of them is charged with a serious crime.

It is not uncommon for defendants to be the target of revenge or anger. One legal defense that can be used against these types of criminal charges is the criminal offense in question, which was done in self-defense. If both partners were physically violent, that completely changes the dynamics of the act in question.

How an Attorney Can Help

The job of a criminal attorney in Punta Gorda is to get the defendant’s side of the story across. This can be done through multiple means.

• Investigation: The circumstances of your case can be clarified by gathering evidence, interviewing witnesses, reviewing surveillance footage, and consulting with experts to gain insight and testimony. This helps provide a comprehensive understanding of the events.
• Evidence Evaluation: Analyzing the available evidence allows your attorney to uncover and highlight flaws in the prosecution’s case, potentially reducing your liability and leading to minimized charges or even a dismissal.
• Deal Negotiation: There are times when accepting a plea bargain gives you the greatest chance of resolving your case favorably. Once the case is settled, you can move on with your life and put the situation behind you. Having a defense attorney negotiate on your behalf can lead to positive outcomes for your case.
• Representation in Court: Sometimes, the ideal option is to take the matter to a judge or jury. This can be helpful when the evidence supports your innocence. Maybe the person who is making the allegations would come off poorly before a jury. Your attorney can counsel you on what the right option may be.

Sometimes, the victim later regrets calling the police. When both parties are engaging in heated arguments or physical violence, the police may make the wrong choice when arresting one of them. Once criminal charges are brought, it can be difficult to undo the damage caused by one phone call to law enforcement.

FAQs for Domestic Violence Defense Lawyers

Q: Which Defense Is Frequently Used in Domestic Violence Cases?

A: Self-defense arguments are commonly used by domestic violence defendants. The use of physical force may be justified in certain circumstances, especially if the person used force proportionally to the perceived threat. While the police may have missed signs that the physical attacks happened on both ends, a defense attorney can present a clearer idea of the chain of events.

Q: What Is the Most Common Argument of a Defense Attorney?

A: The job of a defense attorney is to use evidence to show that their client did not commit the crime or that the acts in question were reasonable or justifiable, given the circumstances. A defense attorney may argue that the allegations are baseless and that the victim is trying to ruin the reputation of the defendant. Whichever defense is taken will be based on the evidence that is available.

Q: What Is the Primary Responsibility of the Defense Attorney?

A: The primary responsibility of the defense attorney is to protect the rights of their client. This includes ensuring that due process of law is followed during the court case. Defendants also have the right to a fair trial. For defense attorneys, this means working to prove that their clients are not guilty whenever possible.

Q: How Much Does a Defense Lawyer Cost in Florida?

A: The cost of a defense attorney depends on the criminal charges in question and the experience of the defense attorney. Representing someone in a felony case requires considerable time and resources. Accordingly, attorneys may charge more to represent someone facing serious charges. Criminal defense lawyers either charge a flat rate or work on a billable hour system.

Schedule Your Punta Gorda Domestic Violence Consultation Today

Don’t let criminal charges tarnish your reputation. If someone you personally know alleges that you abused them, a criminal defense attorney can scrutinize the victim’s past. The truth is often more complicated than what the prosecutors want to believe.

The attorneys at Ruhl & Lux, P.A., have helped many clients find favorable outcomes to their criminal charges. Once we review your case, one of our lawyers can develop a legal strategy that gets your side of the story out. Contact our office today to schedule your consultation.