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Domestic
Battery
Recent Domestic Battery
Case Wins
Domestic Battery
One of the most common crimes charged in West Palm Beach and all
throughout Florida is domestic battery. From my experience as a
board certified criminal trial lawyer, there are more false
allegations of domestic battery than perhaps any other crime. There
is almost always a motive for the accuser to lie. For instance,
money, greed, jealousy, hatred, and vindictiveness may all play a
part.
The government must prove beyond every reasonable doubt that you
actually and intentionally touched or struck somebody and it was
against their will and that you lived with them at some point.
Domestic battery is punishable by up to one year in jail and a
$1,000 fine. As an assistant public defender, I was the chief
assistant public defender of the domestic battery division in Palm
Beach County in 2002. There, I handled several hundred domestic
battery, assault, stalking and violation of injunction cases. I am
currently the President-Elect of the Florida Association of Criminal
Defense Lawyers, Palm Beach chapter.
There are defenses to a domestic battery charge. One valid
defense is "I didn't meant to hit her." A note on the emphasis of
the word "her." Domestic batter is a gender-biased crime. More often
than not, the guy is the one who gets arrested. That doesn't make it
right. That's just the way it is. If there's a 911 call for domestic
battery, somebody is going to jail.
Other defenses include self defense, defense of others, and
defense of property. A conviction for any kind of battery including
domestic battery, can cause you to lose your job, reputation, and
your concealed weapons permit if you have one. It can also keep you
from getting a concealed weapons permit down the road. If you are
convicted of domestic battery, you are not eligible to get your case
sealed or expunged.
Recent Domestic
Battery Case Wins
DOMESTIC BATTERY - Not Guilty after
Jury Trial based on Self-Defense
The client had an argument with her husband. She told him a hit
man from Chicago was going to "snuff him out." She also complained
that he doesn't have sex with her. Her son tried to intervene. She
grabbed her son by the arm so she could continue to argue and
threaten her husband. She caused abrasions to her son's forearms.
Initially, the client was arrested for child abuse on her son, a
felony, and domestic battery on her husband. When the client grabbed
her son, her husband intervened. The client hit and scratched her
husband, injuring him. He had lacerations to his left cheek, neck,
left forearm and hand. The client denied anything occurred. At
trial, the defense was self-defense. Her husband grabbed her first
and she fought back. You have the right to defend yourself. The jury
agreed.
DOMESTIC BATTERY - Not Guilty after
Jury Trial
The accuser's side of the story: She told my client she was
breaking up with him. They argued. He told her they were "going to
die tonight." This was a classic reference to the "if I can't have
you, nobody will have you" argument. He was driving fast and
wouldn't let her out of the car. She tried to get out. He went crazy
when she said she was leaving him. She eventually got out and ran
with her daughter. She called 911. He slammed the phone down to the
ground. He hit her on the face by the right ear and her chest area.
It is undisputed that she had redness and a scratch mark on her body
when police arrived. At trial, the defense was self-defense. Yes,
she had marks, but she was the aggressor. Domestic battery is a
gender-biased crime. It seems the guy almost always goes to jail.
However, the jury found him not guilty.
DOMESTIC BATTERY - Not Guilty after
Trial
My client was the son of a famous jazz drummer who played with
John Coltrane. I love jazz, so this was an honor to defend him. The
allegation was he hit his wife on her right arm with a cane and
knocked her into the counter. He did push her away in self-defense.
She picked up a phone and tried to hit him with it. The theme of the
case was this is a he said, she said, with no visible injuries. He
used reasonable force to defend himself.
If you or a loved one are facing domestic battery charges and need a Florida criminal
domestic battery charge attorney, call me.
Contact Grey Tesh
West Palm Beach Domestic Battery Lawyer
Domestic Battery Attorney
I represent clients charged with domestic
battery, domestic assault, domestic aggravated battery, violation of
injunctions from domestic battery cases, in West Palm Beach, Miami,
Fort Lauderdale, Fort Pierce, Stuart, Martin County, Port St. Lucie,
Vero Beach, Jacksonville, Tampa, Orlando, Tallahassee, and all
federal courts throughout the United States of America.
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lawyers, Fort Pierce domestic battery attorneys, Jax domestic
battery lawyer, Orlando domestic battery attorneys, Tampa domestic
battery lawyers. Palm Beach domestic battery lawyer, If convicted of
domestic battery or domestic assault, you have only thirty (30) days
in Florida to file a notice of appeal. If you want to appeal a
domestic battery or domestic assault conviction, you must contact a
domestic battery criminal appeals attorney immediately as time is of
the essence.
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