Miami Domestic Violence Defense Lawyer
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.
How Can A Defendant Win A Domestic Violence Case?
If your defense requires more credibility from the victim’s story, your attorney will investigate the consistency of that story. When charges for domestic violence are brought up against you, your criminal defense attorney will examine the authorities' report of the incident and will then develop a defense.
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.
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Conspiracy NOT GUILTY
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Conspiracy to Commit Fraud NO JAIL
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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
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