Florida Domestic Violence Charge Defenses: Accident

There are some defenses that seem so obvious that the mere stating of them seems obvious to the point of explaining how to breathe. Accident is one of those defenses, yet it is a mistake to assume the patently obvious is patently obvious in the mine field of Florida criminal law.

The reason is simple: jury instructions. Jury instructions are a political football and domestic violence charges are a hot button issue. For this reason, it is a good thing that this defense is recognized: gender politics have thrown this defense into question.

Example: a young man is in a crowded beach bar and bumps a woman's breast with his elbow. Drunkenly enraged, she then has the bouncer grab the man for off duty police officer working at the bar. She claims he pinched her breast. At high, drunken volume.

So, the report reads as follows:

"Suspect was contacted and asked to give a statement. At no time was he under arrest. Suspect admitted "possibly bumping the woman's breast" and appeared nervous. Witnesses Jane X and Jane Y each gave statements that the suspect was standing next to the victim, apparently leering at numerous women in the club, and left rapidly after their friend was inappropriately touched upon the breast. Upon finding probable cause, the suspect was taken into custody."

Translation: This guy was arrested, taken to jail, and at the very minimum charged with a non-domestic battery for bumping a drunk woman's breast on accident. His statement was used against him, and note how the report was written to make the entire incident far more sinister than it was.

Now, imagine these domestic scenarios:

• "throw me the lighter" becomes "threw the lighter at the victim"
• slamming the door, as you partner unknowingly walks into it turns into "slammed the door on the victim's arm/foot/face"
• arguing while both of you are talking with your hands turn into "slapped the victim's hand"

Fortunately, there is the defense of accidental contact. Unfortunately, it usually comes down to a swearing match. However, when skillfully used, it may result in a voluntary dismissal, but only after a lot of legal work and education of the prosecutor.