Domestic Violence Lawyer in Miami
Florida Domestic Violence Charges, Defense, and Penalties
Domestic violence is when a family or household member causes physical harm or death of another in the home. Domestic violence law covers all willful acts of violence on a person performed by someone residing or previously residing in the same household with the alleged victim, or by someone having had a relationship with the alleged victim. This includes:
- Current and former spouses
- Individuals related by blood or marriage
- People living together or who have lived together as a family in the past
- Someone you are/were dating/engaged to
- Someone with whom you have had a child.
Domestic violence crimes in Florida include:
- Battery
- Aggravated battery
- Simple assault
- Aggravated assault
- Stalking
- Aggravated stalking
- Forcible fondling, forcible rape
- Forcible sodomy
- Threats and intimidation
- Arson
- Manslaughter
- Criminal homicide.
Police officers are required to write reports when a domestic violence incident occurs. If there is sufficient evidence, police officers are required to make an arrest, and felony or misdemeanor charges may be filed. A number of factors determine the penalties:
- The severity of the incident
- Prior convictions
- If the person is on probation or parole when accused
- The viewpoint of the community and courts toward domestic crimes
- Any mitigating or aggravating circumstances.
Domestic Violence Defense Strategies
Defenses include self-defense, insufficient evidence, and factual innocence, depending on the facts and circumstances of the case. You are entitled to a jury trial and the state must prove every element beyond a reasonable doubt.
If you face domestic violence allegations, retain a lawyer as soon as possible. While domestic violence laws are meant to protect victims, unfortunately the law can be manipulated by dishonest spouses and partners or even reports by neighbors. Before you have time to defend yourself, you may be
- Falsely accused
- Arrested
- Face a jail term and mandatory fines with costs totaling over $1,400
- Subject to conditions of an injunction.
Domestic Violence Penalties
In addition, case can be brought and you can be found guilty, even if the victim takes back the original charge or fails to appear at trial. And, if convicted, sentences are harsh:
- 5-day minimum mandatory jail sentence for intentionally causing bodily harm
- Up to 1 year in jail if charged with a misdemeanor battery (includes spitting at or pushing someone)
- Fines and surcharges totaling over $1,400 in Miami-Dade county. Other counties vary
- Probation or community control of up to a year if a misdemeanor; more if a felony
- Completion of a 26–29 week Batterer's Intervention Program, parenting course and substance abuse evaluation and treatment (as applicable) while on reporting probation
- Felony maximum penalties vary with the nature and severity of the charges and any prior criminal history. Second and subsequent convictions are a third-degree felony.
In addition to state domestic violence penalties for, there federal penalties are applied, which mean:
- You can never again own, be in possession of, or in the vicinity of any firearm or ammunition
- You cannot get a hunting license, be in a hunting camp, or be around other hunters
- Because cartridges used in nail guns are considered ammunition, you may not work in many construction jobs
- You may lose your job, including a government, teaching, and nursing position to name a few, nor can you get a future job in these professions
- You will not be able to obtain a security clearance and may lose any current clearance you have
- You will be discharged from the military or not allowed to re-enlist.
Albert M. Quirantes and Associates will thoroughly examine all of the facts and circumstances of your case to give you the best possible defense. If you have been arrested or charged with domestic violence or spousal abuse, you need to consult with an experienced Florida domestic violence attorney such as Albert M. Quirantes. Our attorneys have extensive experience in litigating domestic violence cases. If you have been accused of domestic violence, an experienced attorney can help protect your legal rights. When you need legal advice or have questions concerning a domestic violence criminal accusation, call Albert M. Quirantes and Associates at (305) 644-1800, or nationwide call 1-800-333-LEGAL to set up a free, no obligation consultation. Or click here to contact our law firm.
