DOMESTIC VIOLENCE CASES
In Miami and throughout the state of Florida, if the police or paramedics respond to what appears to be a domestic violence case, the police are required under Florida law to arrest the alleged perpetrator, even if the alleged victim does not want that person to be arrested. This often leads to false arrests or arrests for relatively minor incidents. Individuals who are arrested or charged with a Florida domestic violence offense may face public embarrassment and harsh penalties.
Florida state prosecutors take a tough “pro-prosecution” stance against alleged domestic violence offenders; therefore, it is vital to have an aggressive and skilled Miami domestic violence defense attorney upholding your rights. After all, your future may depend on it.
If convicted, the consequences of domestic violence are serious and can have a lasting impact on your life. If you are accused, charged, and eventually convicted of committing acts of domestic violence, you are facing an uncertain future.
While domestic violence situations should be avoided altogether, sometimes situations occur that involve false allegations or dramatizations of what really happened between two people in the household. A lack of witnesses could lead to both parties telling entirely different sides of the story. Knowing how to handle the situation and overcome it is important for anyone who is facing such a serious slew of charges involving domestic acts of violence.
DEFINITION OF DOMESTIC VIOLENCE IN FLORIDA
Under Florida law, domestic violence refers to any form of criminal offense by one family or household member resulting in physical injury or death of another member of the family or household. The state’s definition of “family or household member” is relatively broad and is not limited to persons currently residing together within the home. It includes:
- Former spouses
- Anyone related by blood
- Anyone related by marriage
- Persons currently or formerly residing together as if a family
- Individuals who have a child together
- And more
In most situations, however, the individuals must be currently living in the same dwelling or must have resided together in the past.
Florida’s domestic violence statute covers the following forms of domestic violence:
- Assault, including sexual assault and aggravated assault – Threatening an individual with a weapon, such as a knife or a firearm, even if it is not used
- Battery, including sexual battery and aggravated battery – Physically attacking another person with your hands, a weapon, and/or sexually battering someone
- Stalking or aggravated stalking – Stalking an individual in person, at their place of employment, over the phone, or on social media sites
- Kidnapping – Kidnapping an individual from their home or anywhere else and taking them with you, and/or falsely imprisoning someone in the commission of another felony
- False imprisonment – Holding an individual against their will
- And more
These and other acts of assault and violence can lead to criminal charges, possible prison sentences, and fines and fees that would need to be paid to the court system by the defendant. If you know that you did not take part in any of these illegal activities, but you are being accused of committing some of these acts, you must reach out to a Miami domestic violence attorney. Even if you did get violent with someone you know, you still need to hire an attorney.
The attorney needs to know more about the accusations made against you and where those accusations originated from. For example, a former partner may be bitter that you decided to leave the relationship, thus causing the individual to make up stories and lies to use against you in an attempt to get you in legal trouble.
PENALTIES FOR DOMESTIC VIOLENCE CONVICTIONS IN FLORIDA
Depending upon the severity of your alleged Florida domestic violence offense, you can be charged with a misdemeanor or a felony crime. If convicted, you may face any of the following penalties:
- Jail or prison time
- Mandatory community service
- Mandatory counseling, including anger management training or parenting classes
A Miami domestic violence arrest may also result in your being prohibited from contacting the alleged domestic violence victim and/or being prohibited from entering your own home.
How Does Someone with Domestic Violence Charges Get Out of the Situation?
While the Miami criminal defense attorney cannot guarantee that a client’s charges will get dropped by the prosecution, the attorney will fight for the client to attempt to have charges dropped due to a lack of substantial evidence.
If there is more than enough evidence to prove that a client is guilty of committing certain acts because those acts were recorded or because injuries sustained by the victim match up with scratches and bruises on the defendant, a different approach may be taken by the attorney, which may involve going over the option of accepting a plea deal for a reduced charge. The criminal defense attorney is all about working for the client and doing what is best for the client, whether that person is right or wrong in this situation.
FORMER PROSECUTOR DEFENDS INDIVIDUALS AGAINST FLORIDA DOMESTIC VIOLENCE CHARGES
Even if you have no prior criminal record, a felony conviction for domestic violence cannot be expunged from your record. As a result, this can negatively affect your ability to get a job, housing, or credit in the future; however, an experienced Florida domestic violence lawyer can often negotiate to have the domestic violence charges against you reduced to a lesser charge that would allow future expungement of your criminal record.
Unfortunately, too many individuals who are accused of domestic violence fail to procure an aggressive defense. They may mistakenly believe that they have no choice but to plead guilty and accept the consequences. If you are accused of domestic violence, you should never attempt to navigate the Florida legal system alone. An experienced Miami criminal defense attorney can help you sort through the legalities and defend your future.
Chad Piotrowski is a qualified and veteran Miami domestic violence defense attorney with valuable experience as a former state prosecutor. He understands how Florida state prosecutors operate and can use this to your advantage in defending you against your Florida domestic violence charges. In addition, Miami domestic violence attorney, Chad Piotrowski, was responsible for training new attorneys to the Domestic Violence Unit and even helped write the training manual used today.
If you are accused of domestic violence in Miami-Dade County, Broward County, Palm Beach County, or anywhere in Florida, contact Chad Piotrowski today at 305-204-5000 to arrange for a confidential review of your Florida domestic violence case.
[There] aren’t that many people left in this world that give you[their] word and keep it. Chad genuinely cares about the problem at hand. Whether minute or something very serious you can sit back and relax, knowing you have the best representation available. I would recommend Chad to my family and friends.
(Jan 15, 2013) I had the distinct pleasure of working closely with Chad when we were both supervising attorneys within the Domestic Violence Unit at the State Attorney’s Office here in Miami-Dade County. We successfully tried numerous jury trials together, and I always look forward to the opportunity of working with him again on any matter. Chad is a phenomenal attorney whose training, experience, intelligence and trial skills are only matched by his commitment to excellence. He is very trustworthy, hard working, and always uses his experience to get positive results for his clients without fail. As such, Chad’s stellar reputation amongst the legal community is very well deserved.
– Robin Pimentel (Worked together on matter)
I have known Chad as both a dedicated prosecutor as well as an aggressive criminal defense lawyer who regularly achieves well beyond his clients’ expectations.
– Thomas Mote (Fellow lawyer in community)
(Feb 7, 2013) Mr. Piotrowski is a highly skilled lawyer. He has an outstanding reputation with the judges. I endorse this lawyer!
– Frank Gaviria (Fellow lawyer in community)
(Jan 8, 2018) When i first contacted through email i was suprised and impressed that he was willing to call me to discuss the case at 10pm. He was honest and real reasonable priced and didnt use agressive sales and fear tactics like other lawyers use. He treated me fairly and not like a criminal. Was falsely arrested by miami dade narc cops for preworkout supplement that they claimed was opoids and 100% cbd hemp oil that they claimed is thc oil. Chad was agressive and moved quickly got this case dismised at the araignment for a reasonable price.
– Doug (Case dismissed at araignment)
(Oct 26, 2017) I called Chad on a weekend for a free consult, he was at the park with his family, he was hired on the spot as we spoke. We researched him online extensively, read reviews etc. During the months of anxiety, Chad would call/text to explain anything or address concerns and try to calm my nerves. He doesn’t act/talk strict & binding. He’s very hands-on, experienced, knows his work, 110% trustworthy, very out-going, straight-forward tells you as it is, crack jokes, and actually keeps in communication, which is very important, because being informed helps you to understand everything as you go along. So, here you have a lawyer who is not only good at law but is a people’s person, not like some unpleasant, overpriced ones out there. We recommend Chad to ANYONE. If you’re in doubt or worried about something, trust HIM! He was also very affordable and had a very convenient payment plan. CASE DISMISSED.
(Jan 8, 2017) Chad is an excellent attorney. As a working parent I was not able to be at court to support my daughter while going through criminal charges. Chad was there every single time supporting my daughter by keeping her informed, by contacting her previous attorneys from out of State to reduce her case from criminal to civil. There are no words I can ever express to convey my gratitude.
Thank you Chad
(Jan 6, 2016) I had three trumped up felony charges over something that should have been a police warning at most and the prosecution really, really wanted to pin on me.
Chad went above and beyond both in how he treated me and how he handled the case. My life isn’t ruined right now because of him. He got everything DISMISSED while every other attorney i spoke to were happy to take whatever offer they were given, still leaving me with a ruined record.
Chad, thank you, hiring you was the best decision I’ve ever made.
(Dec 4, 2013) Chad was fantastic. I had a felony case, and as my first offense, I was scared and confused on the entire process. I am glad I choose Chad to represent me, after speaking with so many lawyers. He was honest and detailed from the beginning. He got my case dismissed.
If you need a lawyer in Miami I suggest you go with Chad Piotrowski. He was very adamant about beating my case. He put in maximum effort into my case. He mad me feel comfortable and confident the entire way throughout my case. In the end he fought to get me the very possible outcome. I would definitely retain his services again and recommend him to friends and family. Thank you Chad.
– Julian Sanchez
Mr. Piotrowski is very professional. Mr. Piotrowski represented my nephew and we couldn’t ask for a better attorney. There was never a call not answered, emails and text messages were always answered.
I would refer anyone to mr. Piotrowski I would trust him with anyone in my family. If you need an attorney I guarantee Mr. Piotrowski is the one!!!
Thank you again!!
– Salazar & Moreno Family
I came to Mr. Piotrowski through a friend Ozz Lopez after we had been in pretty bad accident. He was bery attentive from day one. He quickly got us all the medical attention we needed. He explained how everything would work in detail. He went over what were the next steps we needed to take in order to get the care and compensation we deserved. He kept in touch through are physical therapy. He then went to work for us. I am pleased to say he has not let us down. We have been taken care of physically and finacially. Thank You Mr. Priotrowski & Mr. Poses for your help! Five Stars!
– Robert Perez
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