Each Tampa domestic violence defense lawyer at the Mayberry Law Firm is experienced in defending individuals against allegations of violence asserted by a spouse, family member, parent, or child. We’ve defended countless individuals accused of domestic violence in both criminal courts and injunction hearings. Whether it was an assault, battery, strangulation, or sexual assault allegation by a family or household member, we’ve seen it and handled it with grace. When these allegations are made, it is of utmost importance to determine whether the alleged victim wants to pursue charges or if the incident is nothing more than a misunderstanding. In the interim, it is crucial that you avoid violating any civil injunction or pretrial ruling. Hiring a Tampa DV defense lawyer at the Mayberry Law Firm will put you in the best position to either mount a vigorous defense or work toward getting your case dropped by the State Attorney.Tampa Domestic Violence Crimes
Unfortunately, domestic violence charges are so common in Tampa that there is an entire division of the county court system dedicated to adjudicating these types of allegations. Our court system takes domestic violence cases very seriously in that an initial offer from the State Attorney’s Office often involves jail time. Couple this with the fact that those accused of domestic violence are always ordered to have no contact with the victim. With that, there is the possibility that you may be forced to look for alternate living conditions, could be prevented from seeing your family, and in extreme cases, could have your livelihood affected. Possibly more devastating than the prospect of incarceration is the collateral effect that your reputation is now subject to ridicule by others.
Unfortunately, some in our society take a “where there’s smoke, there’s fire” attitude and convict you in their mind before knowing the facts. Selecting an experienced Tampa domestic violence lawyer to advocate on your behalf can often be the difference between quickly putting the incident behind you or ending up serving jail time for something that, very likely, was blown out of proportion.Can the Prosecution Proceed with an Uncooperative Witness in a Domestic Violence Case?
It is possible for the prosecution to bring a case even if the witness is uncooperative. However, once a witness announces that they fabricated or exaggerated the charges, the prosecution may drop the case. On the other hand, some prosecutors take an aggressive approach in DV cases, essentially “coaching” an alleged victim into saying just enough to keep you on the hook. And generally, the prosecution won’t drop a case just because the alleged victim doesn’t want them to; it really comes down to whether the victim admits they made mu or exaggerated the allegations.How Can You Defend Against DV Cases Where the Witness is On-Board?
So, what if the alleged victim wants to continue prosecution? You pull the bull to the mat, that’s what. In most situations, it is a “he said, she said” case. By default, if the victim’s allegation is all the evidence available and there are no pictures of injury, no eyewitnesses, and no surveillance video or audio, it will be very difficult to prove your guilt beyond a reasonable doubt.
Often, alleged victims make false accusations for ulterior motives. Children may make an allegation of abuse by one parent because they want to live with the other. Spouses have made bogus allegations in the hope that a conviction against their spouse will help their custody battle in a divorce. Infidelity can lead to revenge being sought by the scorned significant other. We’re very familiar with these situations and make sure to bring them to light before the Judge and jury. With the Mayberry Law Firm in your corner, you can rest assured the State Attorney will be put to their burden of proof, and we will review every piece of evidence in your case to ensure no stone is left unturned.Are you Facing Domestic Violence Allegations?
If you were recently arrested and charged with assault or battery against a family member or former partner, you need an experienced Tampa domestic violence defense attorney in your corner as soon as possible. At the Mayberry Law Firm, we have decades of combined experience aggressively defending the rights of men and women charged with DV crimes. We understand how to call alleged victims’ credibility into question, how to keep illegally obtained evidence and statements out of your case, and how to effectively advocate on your behalf at every stage in the process. To learn more, and to schedule a free consultation with one of our Hillsborough County domestic violence defense attorneys, contact us immediately at (813) 444-7435. You can also connect with us through our online contact form.