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The Role Evidence Plays in a Miami Domestic Violence Case

When it comes to domestic violence cases in Miami, prosecutors make decisions on how the case will go based on the evidence they have. The strength of your case will depend significantly on the attorney you choose, and how much evidence (or lack of) there is.

Domestic violence charges are often dropped for the same reasons.

There Is Insufficient Evidence

A major reason to drop any criminal case is when there is insufficient evidence to support the claims. There are many different types of evidence that must be established to convict someone of domestic violence successfully.

Lack of Willfulness

Willfulness can be explained simply as the reason to why someone committed an act of domestic violence. For example, if you knocked a cup out of your significant other’s hand on accident while talking, there is no evidence of willfulness to commit the abuse. This can be used as evidence to defend yourself.

The ‘Victim’ Isn’t Credible

If the victim gives the prosecutor a reason to believe they are not credible, they could drop all charges.

Some examples include:

  • A history of mental illness
  • A history of making false accusations
  • Having an ulterior motive (to win child custody or a property battle)

Lack of Serious Injuries

A serious bodily injury typically means that the victim suffered an injury that required medical treatment or that loss of impairment of any bodily function or organ occurred. Some examples include:

  • Broken limbs
  • Black eyes
  • Large gashes requiring staples or stitches
  • Permanent or partial disfigurement

If a medical physician testifies that the victim’s injuries were not very serious, or that the symptoms were over-exaggerated, the prosecutor could lighten the related charges.

An Experienced Team Can Help

As the media continues to cover them, domestic violence cases are becoming more common. Many false allegations are being made, and while they are false, they can have serious impacts on your future.

At Hager & Schwartz, our team of trusted Miami criminal defense attorneys has helped countless individuals defend their rights and protect their futures following domestic violence charges. Our team knows how to build a strong case to protect your name, based on the evidence provided.

Call us today (305) 330-1360 to learn more about how we can help you move forward following domestic violence allegations.