Miami Federal Crime Attorney
2420 Coral Way, Miami, FL 33145 305.290.2109
Formidable Defense for Federal Charges Fight for Your Future with Joel DeFabio, Esq.

Federal Domestic Violence Charges

Miami Federal Crime Attorney for Domestic Violence Cases

In most cases, domestic violence crimes are charged under state law. A person who is arrested for a domestic violence offense in Miami will usually be taken into custody by local police and prosecuted by the Miami-Dade Office of the State Attorney. Most domestic violence charges on the state level are misdemeanors, with a maximum sentence of up to a year in jail. Under certain circumstances, however, domestic violence may be charged as a federal crime.

When this is the case, the offense is categorized as a felony and is punishable by anywhere from five years to life in a federal prison. Several federal criminal statutes apply to the subject of domestic violence. These include:

  • 18 U.S.C. § 2261 - Interstate travel to commit domestic violence
  • 18 U.S.C. § 2261A - Interstate stalking
  • 18 U.S.C. § 2262 - Interstate travel to violate a protection order

What makes a domestic violence crime a federal offense is that it involves activity occurring in more than one state. For example, you could be charged with interstate travel to commit domestic violence if you are accused of driving from Florida into Georgia or Alabama, for example, in order to visit with a former spouse or romantic partner and became involved in an incident during your stay. Similarly, you could be charged with cyberstalking on the basis that you have been using social media or other types of internet communication that are involved in interstate commerce to harass or intimidate your ex.

Federal Gun Ban for Domestic Violence Offenders

In addition to cases where you are charged with committing a domestic violence offense, it is also important to note that you can be prosecuted for owning or possessing a firearm following a conviction for domestic violence. Under the Domestic Violence Offender Gun Ban, found at 18 U.S.C. § 922(g)(9), it is illegal to own a gun following a state or federal conviction for domestic violence. This is only one of the many consequences of a domestic violence conviction, in addition to the possibility of being served with a restraining order, being fined and serving time in prison.

Lean more about the consequences you face and get started on a strategy for your defense by contacting us now at Joel DeFabio, PA for help from a Miami federal crime attorney with more than 35 years of experience.

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  1. Over 35 years of Experience
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