Articles Posted in Domestic Violence

Domestic violence allegations in Florida can be some of the toughest types of charges for judges and juries to evaluate. Often, domestic violence charges are based upon “he said-she said ” situations, and it is up to the judge to determine what types of evidence and argument that a jury can hear in order to determine the guilt or innocence of the accused. Generally, the final charges to the jury, in the form of jury instructions, can be used to frame the charges in a way to give one side an advantage over the other. Because of this, there are strict requirements concerning how and what can be told to the jury in their instructions. A Florida appellate court recently determined that the jury was improperly instructed before deliberations, and reversed the conviction of a man who was accused and convicted of a domestic violence crime after having an altercation with his then-romantic partner.

According to the facts discussed in the opinion, the defendant was charged with aggravated battery following a physical altercation with the alleged victim, his partner with whom he lived. Conflicting testimonies emerged between the alleged victim and the defendant. The alleged victim claimed that the defendant arrived home with another woman, leading to an argument. The defendant allegedly punched, kicked, and strangled the alleged victim, even attempting to drown her in a bowl of ice-water. The alleged victim testified to sustaining various injuries.

The defendant, on the other hand, asserted that the alleged victim attacked him first, and the physical altercation ensued. He denied drowning her, using a firearm, or preventing her from leaving. The other woman’s testimony supported the defendant’ version, stating that the alleged victim initiated the violence, barricaded the door, and attacked both the defendant and herself.

Domestic violence allegations in Florida can be some of the toughest types of charges for judges and juries to evaluate. Often, domestic violence charges are based upon “he said-she said ” situations, and it is up to the judge to determine what types of evidence and argument a jury can hear in order to determine the guilt or innocence of the accused. Generally, the final charges to the jury, in the form of jury instructions, can be used to frame the charges in a way that gives one side an advantage over the other. Because of this, there are strict requirements concerning how and what can be told to the jury in their instructions. A Florida appellate court recently determined that the jury was improperly instructed before deliberations and reversed the conviction of a man who was accused and convicted of a domestic violence crime after having an altercation with his then-romantic partner.

According to the facts discussed in the opinion, the defendant was charged with aggravated battery following a physical altercation with the alleged victim, his partner with whom he lived. Conflicting testimonies emerged between the alleged victim and the defendant. The alleged victim claimed that the defendant arrived home with another woman, leading to an argument. The defendant allegedly punched, kicked, and strangled the alleged victim, even attempting to drown her in a bowl of ice water. The alleged victim testified to sustaining various injuries.

The defendant, on the other hand, asserted that the alleged victim attacked him first, and a physical altercation ensued. He denied drowning her, using a firearm, or preventing her from leaving. The other woman’s testimony supported the defendant’s version, stating that the alleged victim initiated the violence, barricaded the door, and attacked both the defendant and herself.

Criminal prosecutions in Florida often rely upon the testimony of law enforcement officers to convince the jury of a defendant’s guilt in cases where the other evidence isn’t very strong. Many jurors have a belief that police officers are inherently more credible than other witnesses, and this may result in jurors affording inappropriate weight to the testimony of a law enforcement officer. In reality, law enforcement officers work closely with prosecutors, and their testimony can be less reliable than an unbiased witness. A Florida appellate court recently reversed a man’s domestic violence conviction after finding that inappropriate testimony of a police officer was admitted at trial, which may have tainted the jury’s guilty verdict.

The defendant from the recently decided case was arrested and charged with domestic violence battery against his ex-girlfriend after the two had an altercation near her apartment while the defendant was moving his belongings. According to the facts discussed in the appellate opinion, the police were called to the scene after the two were reported to be fighting in the parking area of the apartment complex where the alleged victim lived. The police officer who responded to the scene noticed injuries on both the defendant and the alleged victim and interviewed witnesses about what happened. In the incident report, the officer noted the defendant as the primary aggressor, and prosecutors later pursued the charges against him.

At trial, the defendant claimed self-defense. Under Florida law, a person is justified in using nondeadly force to address a threat if they were not the primary aggressor during the incident. The prosecutors called the responding police officer as a witness at trial, and he was asked who was the primary aggressor. Against a defense objection, the officer was permitted to testify that based on the victim’s injuries and the eyewitness accounts that the defendant was the primary aggressor. The jury rejected the defendant’s self-defense claim, and he was found guilty as charged.