Getting a domestic violence charge can make you feel like your world is ending, but you have options and access to help. A Miami domestic violence lawyer gives your case their undivided attention, looking for ways to contest the charge and disprove the prosecution’s argument.
The team at DMR Law brings a human touch to legal representation. With nearly 60 years of combined experience, our bilingual lawyers create strong connections with every client we serve.
Trust us to help you combat your Florida domestic violence charge. Speak with a Miami criminal defense lawyer to get started.
Why Should You Hire a Florida Domestic Violence Lawyer?
Contact a Miami domestic violence attorney with extensive experience as soon as you can following your arrest. Your lawyer learns about your criminal charge and considers what you can do to avoid a conviction.
Ways your attorney helps you with your case include:
Teaching You About Florida’s Criminal Justice System
Florida’s domestic violence laws are complicated. Your lawyer discusses these laws with you, answers any questions you have about them, and explains how they apply to your case. They use their knowledge of the criminal justice system to prepare an argument that will resonate with the court and could lead to a favorable outcome.
Gathering and Disputing Evidence
Just because the prosecution has evidence does not mean you will be convicted of domestic violence. Your attorney collects witness statements, surveillance camera footage, and other evidence to strengthen your argument. They also search for ways to raise doubts about a prosecutor’s evidence. If they succeed, the prosecution may struggle to get a conviction.
Providing Emotional Support
It is overwhelming to be charged with a crime. Your lawyer understands how emotionally taxing it is to get arrested for a criminal offense. They alleviate your worries about what will happen if you are convicted of a misdemeanor or felony. Your attorney remains accessible to address your legal concerns as your case proceedings move forward.
At DMR Law, our lawyers advocate for you and make sure your voice is heard. We know what is at stake in your criminal case. Our team aggressively fights for you in court, making it clear why the case against you should be dropped. Contact us to learn more about the legal services we provide to those who have been charged with domestic violence.
For a free legal consultation call (305) 548-8666
Miami Domestic Violence Penalties that You Need to Know About
Domestic violence is defined in accordance with Florida Statutes § 741.28. A domestic violence lawyer serving Miami explains the penalties associated with your criminal charge. Below are details about five Florida domestic violence charges and the penalties a person faces if they are convicted of them.
Assault
A person can receive a second-degree misdemeanor if they are charged with domestic violence assault for the first time. This is punishable by a fine of $500 and up to 60 days in jail. The penalties increase if there are aggravating factors or prior convictions.
Aggravated Assault
For a first-time conviction of aggravated assault, an offender may be punished with up to five years in prison and a $5,000 fine. If there are aggravating circumstances or past convictions, the offender is subject to up to 15 years in prison and a fine of $10,000.
Battery
With a battery conviction, an individual faces a maximum prison sentence of 15 years, 15 years of probation, and up to $10,000 in fines. If someone used a gun when they committed a criminal act, Florida’s 10-20-Life Law increases the penalties. In this situation, an offender may receive a maximum of 30 years in prison.
Stalking
A stalking charge may be treated as a misdemeanor punishable by one year in jail, one year of probation, and a fine of $1,000. If the stalking victim is under the age of 16 or other criteria are met, a stalking charge is upgraded to aggravated stalking. Those convicted of aggravated stalking can receive up to five years in prison, five years of probation, and a fine of $5,000.
False Imprisonment
A person can be charged with false imprisonment if they restrain someone without their consent and without the intent to cause a physical injury. If the victim is over the age of 13, their parents can press charges, and an offender can receive up to five years in prison, five years of probation, and a $5,000 fine.
Domestic violence convictions have collateral consequences that extend beyond the criminal justice system. The social stigma of being convicted of physical abuse or sexual abuse can damage an individual’s relationships with family and friends. In addition, a conviction can impact a person’s ability to land a job, buy a home, vote, and travel internationally.
Miami Domestic Violence Lawyer Near Me (305) 548-8666
Legal Defense Strategies If You are Charged with Domestic Violence
A domestic violence attorney serving Miami develops a custom legal defense for your case. They review your abuse charge and account for how the prosecution will argue their case. Your lawyer will evaluate many legal strategies, including:
Lack of Proof
Sometimes, a prosecutor’s case is based entirely on information provided by an alleged victim and statements from witnesses. Your lawyer can argue that the prosecution’s evidence is insufficient and that they cannot prove beyond a reasonable doubt that a misdemeanor or felony conviction is warranted.
False Accusation
In the middle of a divorce or custody dispute, a spouse could accuse their partner of physical or emotional abuse in the hopes of getting their desired outcome. Depending on the circumstances of your case, your lawyer could explain to the court that someone had a motive to falsely accuse you of domestic violence.
Self-Defense
A person may have to use reasonable force to protect themselves or others from an abuser. Your lawyer could show that you acted in self-defense and that doing so helped you and others avoid bodily injury.
In your case, the prosecution could offer a plea deal if you have a compelling legal strategy and they have concerns about whether the court will convict you of aggravated battery, sexual assault, or other domestic violence crimes.
A Miami weapons and gun charges lawyer or other legal representation can evaluate a plea deal and help you make an informed decision about it.
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Our Miami Domestic Violence Lawyers Guide You through the Legal Process
If you think a domestic violence arrest will automatically lead to misdemeanor or felony penalties, think again. Ask for help from Miami domestic violence attorneys, and you can defend against a conviction.
DMR Law offers comprehensive legal guidance and support to those dealing with a domestic violence charge. Our criminal defense attorneys communicate openly and honestly with you at each stage of the legal process.
Give us the opportunity to serve as your legal representation. Contact our office for more information.
Call or text (305) 548-8666 or complete a Free Case Evaluation form