Miami Domestic Violence Defense Attorney

Get Experienced & Knowledgeable Legal Counsel

Although spouses and family members love one another, disagreements occur every now and then. When an argument evolves into a physical altercation and the police get involved, the alleged offender will most likely be arrested for suspected domestic violence. Unfortunately, many people end up arrested because of false allegations made from vengeance or to gain advantage in child custody proceedings, which is why it is important to hire an experienced criminal defense attorney to protect your rights and freedom.

If you have been accused of or arrested for domestic violence in Florida, The Law Office of Joel DeFabio is committed to helping you clear your name and avoid harsh criminal penalties. With more than four decades of experience, our Miami domestic violence defense lawyer understands the criminal justice system and what it takes to obtain the most favorable outcome in your case.

Call us today at (305) 851-5581 and schedule a free case evaluation.

Florida Domestic Violence Laws & Penalties

In Florida, domestic violence battery means hitting or touching a spouse, domestic partner, family member, or household member against their will. When it comes to such cases, Florida law enforcement officials use a special arrest policy that states an officer may make an arrest without a warrant – even if the alleged victim doesn’t agree to the arrest – when there is probable cause to believe someone committed an act of domestic violence. Additionally, an arresting officer cannot be used for wrongful arrest in civil court.

Domestic violence battery is a first-degree misdemeanor, which carries a jail sentence of up to one year and a maximum fine of $1,000. A judge is required to sentence convicted individual to a minimum probation term of one year. If domestic violence resulted in an injury, the judge must impose a mandatory minimum jail term of up to five days.

The other consequences resulted in a domestic violence battery conviction include:

  • Enter and complete a Batterer’s Intervention Program (BIP)
  • Subject to “no contact” order
  • Increased community service hours
  • Ineligibility for expungement and record sealing
  • Loss of gun rights and revocation of concealed carry permits
  • Loss of child custody and visitation rights

If the alleged incident involved strangling someone, you could be charged with domestic battery by strangulation. This domestic violence offense is a third-degree felony, punishable by a maximum prison term of five years and a fine not exceeding $5,000.

Let Us Protect Your Rights & Freedom Today

An arrest doesn’t automatically result in conviction, which means you still have an opportunity to defend yourself. Our Miami domestic violence defense attorney can thoroughly assess your case, gather evidence, and determine your available legal options to either get your charges/penalties reduced or your entire case dismissed.

Do not hesitate to contact us today to learn about your legal options.

Fight For Your Freedom

Having defended over 600 cases, Joel DeFabio has the experience and knowledge to craft winning defense strategies for even the most serious charges.

  • Aggravated Identity Theft CHARGES DISMISSED
  • Assault of a Federal Officer CHARGES DISMISSED
  • Conspiracy NOT GUILTY
  • Conspiracy to Commit Bank Fraud CHARGES DISMISSED
  • Conspiracy to Commit Fraud NO JAIL
  • Conspiracy to Commit Terrorism NOT GUILTY
  • Conspiracy to Defraud the U.S. Government NO JAIL
  • Conspiracy to Defraud the U.S.; False Statements NO JAIL
  • Conspiracy to Distribute Cocaine NO JAIL
  • Conspiracy to Import Cocaine CHARGES DISMISSED
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The DeFabio Difference

What Sets Us Apart from the Rest
  • Nearly 40 Years of Experience
  • More Than 600 Federal Cases Defended
  • More Than 50 Federal Jury Trials Handled
  • One of Miami's Most Respected Defense Attorneys
  • Award-Winning Representation
  • Honest Appraisal of Your Case - "No Surprises"

Put an Award-Winning Attorney in Your Corner

CHARGED WITH A CRIME in Miami?

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