The circumstances surrounding allegations of domestic violence can be devastating for all involved. Those falsely accused of violent actions have a lot at stake. You may know that you are innocent, but it is up to the legal system to determine the truth in matters like these. A domestic violence attorney can help you regroup, sort out your situation, take the next steps, and move forward. We cannot change what has already happened in the past, but we can use our knowledge and experience to shape the future. Allow the professionals at McDermott Law Firm, P.A. in St. Petersburg to assist you in navigating your legal matters with discretion and perseverance.
If You Have Been Accused of Domestic Violence
Unfortunately, accusations of abuse lead to serious repercussions. Not only is this true in a legal sense, but in a social and emotional one as well. Accusations can affect your reputation, and proving your innocence is of the utmost importance. You need to arm yourself with the best defense possible. With the help of a domestic violence attorney at McDermott Law Firm, P.A. in St. Petersburg, you can rest assured knowing you are in good hands. Your lawyer can help by reviewing all the evidence, gathering testimonials and character witnesses, and more.
An experienced domestic violence attorney has the skill to potentially modify the terms of your release if you were taken into custody. They are your advocate when it comes to speaking with the prosecutor and other legal entities, and can make sure you do not say anything to implicate yourself.
Attack The Prosecutor’s Case
In the United States legal system, defendants are innocent until proven guilty. This means that, in order to convict you of the crime you are accused of committing, the prosecution must present evidence that proves beyond all reasonable doubt that you are guilty. To prove something beyond all reasonable doubt, the prosecution must demonstrate that every relevant element combined leads to the fact that the defendant is guilty, and the jury must agree. However, when it comes to cases involving abuse, the burden of proof is lower, making things easier for the prosecution. What this means for those falsely accused is that their domestic violence attorney must make a case disproving one or more elements, giving the jury reason to doubt, and they have to do it thoroughly enough that it stands up against the accusations.
Offer Alternative Defense
By providing an alternative defense that exonerates you from the accusations, you may free yourself from being charged as an abuser. With the help of your domestic violence attorney in St. Petersburg, you will need to gather evidence. This may include:
- Text messages and voice messages
- Emails and letters
Your lawyer can ask the prosecutor for exculpatory evidence or file a motion with the court requesting it before you go to trial in St. Petersburg. This allows you to prepare and review all of the evidence that may help prove your innocence.
Choosing a Domestic Violence Attorney
According to Florida Statutes §741.28, domestic violence is “any criminal offense resulting in physical injury or death of one family or household member by another family or household member,” including:
- Aggravated Assault
- Aggravated Battery
- Sexual Assault
- Sexual Battery
- Aggravated Stalking
- False Imprisonment
Unfortunately, accusing a spouse or partner of domestic violence has become a common way for some individuals who are unhappy with their relationship to essentially get rid of their significant other. Even an accusation, regardless of its accuracy, can cause serious defamation problems and lead to those accused losing friends, jobs, and relationships. However, recovering your reputation and clearing your name can help gain back some of what you lost. With the assistance of a domestic violence attorney in St. Petersburg, you can work towards justice. Cross-examinations can undermine the accuser’s story, and your lawyer can help you decide if you want to testify.
McDermott Law Firm, P.A. — Law Dogs Fighting For Justice
At McDermott Law Firm, P.A., our clients are our number one priority. We fight tirelessly for the rights, freedom, and safety of those who need it in St. Petersburg. You deserve a fair trial, should it come to that, and we can help make sure you are adequately represented. We may be able to resolve matters outside of court, but if we need to, we will aggressively defend you with tact, skill, and finesse. To schedule a consultation with a domestic violence attorney, contact us at 727-367-1080.