MIAMI DOMESTIC VIOLENCE ATTORNEY

As defined under section 741.28 of the Florida Statutes “Domestic Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. That household member can be a spouse (current or former), people related by blood or marriage, persons that reside together or have resided together in the past as a family and persons who are parents of a child in common.

Domestic Violence cases are almost always very sensitive and emotional situations for both parties. The state of Florida has taken a strong stand on these cases and as such if the accused is penalized in any form in a domestic violence case the sentence cannot be removed from their record by way of a records seal or expungement, even if adjudication is withheld.

Penalties

In Florida, you could be charged with a misdemeanor or a felony— if the domestic violence offense is a misdemeanor such as a domestic battery, it is punishable by up to one (1) year in jail or up to one (1) year of probation and a $1,000 fine. You will also be required more often than not to attend a batterers intervention program.

If the charge involves a felony such as Aggravated Assault with a Deadly Weapon or Kidnapping the penalties will be more severe with prison as a possibility.

Defense

Domestic Violence can be one of the more difficult charges to defend as there is usually a deep rooted history between the accused and victim. Self Defense is one of the more common defenses used as it allows the accused to then be seen as the victim who is being taken advantage of. Treatment / Counseling is a mitigating factor to show your efforts to remedy any mental health issues that may have led to the offense.