In Florida, the law does not separately classify ‘domestic’ battery or assault charges. If you are facing charges of domestic violence that involve injuries to the other person, the potential legal consequences will be the same as that of an assault or battery against an unknown person.
In cases of domestic violence, Florida police will usually make an arrest and a charge of battery or assault will be filed. Thereafter, even if the other party wishes to drop charges, you will be prosecuted by the state. Your best bet in this situation is to get legal representation from a skilled Miami domestic violence lawyer as soon as possible.
What Happens if You are Convicted?
Depending on the nature of the alleged offense, penalties in Florida for domestic violence may range from facing a civil court restraining order to a third-degree felony. Unless you have a vigorous defense from an experienced Miami domestic violence attorney, you could end up facing serious legal consequences.
An aggravated assault (third-degree felony) could result in a jail time of up to five years, while a battery charge (misdemeanor) may lead up to one year in prison. Requirements of probation are also often stringent in these cases, involving therapy for anger management or alcohol abuse. Apart from the immediate consequences, you need to consider the long term effects of a conviction.
The expungement of a criminal record may not occur unless you have adopted the right legal strategy. Before you enter a plea in these cases, it is best to consult with a competent Miami domestic violence lawyer.
Potential Defense Strategies
If you have been charged with domestic violence in Florida, remember that your charges are defendable. Make sure you have a trusted Miami domestic violence lawyer by your side who will carefully evaluate your legal options and advise the right strategy. Potential defenses that may be available in your case include:
- No physical injury
- No evidence to back battery allegations
- Defending other persons
- Defending valuable property
- The vindictiveness of the victim
- Mutual combat or consensual confrontation
- Standing your ground
Self-defense is often a strong legal defense in cases involving domestic violence. Your Miami domestic violence attorney will explain to you about this potential defense strategy. In this case, you may concede before the jury that the incident of violence did occur, but under the circumstances, it was justified, and therefore, should not be seen as a crime.
Under Florida law, even the use of a deadly weapon or non-deadly force can be permissible for self-defense under certain circumstances. Defending yourself physically in dangerous situations is a basic human right. Your lawyer will examine the facts and circumstances of your case dispassionately and provide you the most appropriate legal advice to minimize legal consequences.
Choose a Miami Domestic Violence Lawyer who will Fight for You
Sometimes one party may falsely allege domestic violence in a dispute, and even other household members (especially children) may be influenced to speak in favor of the victim. Experienced criminal defense attorney Chad Piotrowski is committed to bringing out the truth in these cases and will do everything within the scope of the law to protect your rights. To schedule a free and confidential consultation, call (305) 363-1711 or contact us online.