Five Defenses for Domestic Battery Charges in Pinellas County

Domestic battery is one of the most common charges filed in Pinellas County, but also one of the most misunderstood. Allegations are often made in the heat of the moment, and once the police make an arrest, the State Attorney’s Office, not the alleged victim, decides whether charges will move forward. That’s why it’s critical to know what defenses may be available if you or a loved one is facing this charge.

At the Law Office of Timothy Sullivan, we have successfully defended countless domestic battery cases in Clearwater, St. Petersburg, and throughout Pinellas County. Below are five of the most common defenses:

1. Self-Defense

Florida law allows you to use reasonable force to defend yourself if you are attacked or reasonably believe you are in danger of being harmed. If evidence shows that you acted to protect yourself from the alleged victim, this can be a complete defense to domestic battery. In some cases, our highly experienced Clearwater Domestic Battery lawyers can use video evidence, text messages, social media posts, or reputation evidence to establish our client’s lawful use of self-defense.

2. No Battery Occurred – False Allegation

Unfortunately, alleged victims sometimes fabricate or exaggerate claims of battery. This can happen in the middle of a breakup, divorce, or child custody dispute. If the alleged victim has a motive to lie or their account is not supported by physical evidence or witnesses, the case may be dismissed. In such cases, our top-rated Pinellas County Domestic Violence attorneys often deep-dive into the alleged victim’s history including any history of arrests, evidence of intoxication at the time of the incident, or any history of being untruthful.

3. Permissive Touching

Not every “touch” qualifies as a domestic battery. If the physical contact was consensual or otherwise permitted. For example, if my wife were about to walk into traffic and I grabbed her arm to prevent her from doing so, that might look bad to a passerby, but would likely be characterized as “permissive touching” which is not prohibited by the domestic battery laws.

4. Unintentional Touching

Domestic battery requires intent. If the touching was accidental, such as bumping into someone or brushing past them during an argument, then it does not meet the legal definition of battery. For example, our attorneys have handled cases where a verbal dispute ensues in a crowded bar or club, and one of the parties is “bumped” into the other party. Although this is an “unwanted touching,” it was not an intentional unwanted touching.

5. Defense of Others or Property

Florida law also allows the use of reasonable force to protect another person or property. For example, if you intervened to shield a child from harm or to prevent the destruction of your belongings, that may serve as a valid defense.

Possible Solutions in Domestic Battery Cases

Just because an individual was arrested for Domestic Battery in Pinellas County, that does not necessarily mean that he or she will be convicted of Domestic Battery. Although every case and client is unique,, there are several avenues to pursue to resolve a domestic battery case in Pinellas County which are designed to avoid a conviction:

• Early Intervention – Your attorney can immediately contact the prosecutor to argue why charges should not be filed or should be dropped. Time is of the essence, as there is a limited window of time to engage the prosecutor in these sorts of discussions.
  
  
• Pretrial Intervention (Diversion Program) – First-time offenders may qualify for a program that, if successfully completed, results in dismissal of the charge. Participants in this program are often required to complete domestic violence or anger management classes and stay out of trouble.
  
  
• Plea Bargaining – In some cases, charges may be reduced to a lesser, non-criminal offense such as disorderly conduct. Securing an amendment to Disorderly Conduct may allow an individual to seal the record of his or her arrest, and otherwise avoid the stigma and collateral consequences of a domestic battery conviction.
  
  
• Withhold of Adjudication – This option allows you to avoid a formal conviction, which can be crucial for your record and future opportunities.

Speak with an Experienced Clearwater Domestic Battery Defense Attorney

Domestic battery charges carry serious consequences, including the possibility of jail, fines, and long-lasting effects on your personal and professional life. The best step you can take is to consult with an experienced criminal defense attorney as early as possible.

At the Law Office of Timothy Sullivan, we know how the Pinellas County State Attorney’s Office builds these cases, because I used to be a prosecutor myself. We use that knowledge to protect our clients’ rights and fight for the best possible outcome.

Call us today at 727-855-3847 for a free consultation.
Learn more at www.defendpinellas.com.