Penalties for Domestic Violence
Domestic Violence Defense Law Firm in Miami
Domestic violence instances are not personal matters, they are criminal matters that involve
family or household members. Family is defined as follows: "family
includes blood relatives or relatives by marriage, former spouses, parents
(married or not) of the same child, foster parents and foster children,
or any member or former member of a household (people living in the same
house, related or not.)" That includes a family member who has moved
out to avoid the violent situation.
Domestic violence involves the areas of
child abuse, physical abuse, emotional abuse, sexual abuse, spousal rape, and child
neglect or endangerment. There are laws in place to protect victims of
domestic violence as covered Chapter 741 of the Domestic Relations Code
in Florida. If you are accused of committing domestic violence, you should
retain legal representation immediately following an arrest for the protection
of your constitutional rights. We are experienced in defending all types
of criminal cases and have fought to achieve the best possible outcomes
for our clients.
Domestic Violence Penalties
The charges in domestic violence cases can include assault, aggravated assault,
battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated
stalking, kidnapping, and false imprisonment, as well as other criminal
offenses. If law enforcement is called to a home because of a domestic
disturbance, they may arrest the offender as the first step in providing
protection for the victim.
A temporary injunction for protection or
restraining order will usually be issued against the offender. The accused must remain in
jail until the first hearing in the case. If the defendant is guilty then
the sentence is a mandatory minimum 5 days in jail for misdemeanor assault.
Depending on the severity of the incident, the penalties may increase
drastically. Prior convictions, or whether the offender was on parole
or probation at the time of the incident, are other factors that can affect
the degree of punishment.
State and Federal Penalties for Domestic Violence
Not only are there penalties at the state level, there are also federal
penalties particular to the convicted domestic violence offenders. A misdemeanor
battery domestic violence conviction can mean up to 5 years in jail and
payment of fines. The second and subsequent guilty verdicts can increase
the charges from a misdemeanor to a 3rd degree felony. Offenders are required
to attend a Battery Intervention Program to treat and change abusive behavior.
Federal laws can have a drastic affect on the life of the convicted offender.
The laws permanently prohibit the possession, ownership and use of firearms.
They also prohibit the issuance of hunting licenses. A conviction can
cause the loss of a government job, or work as a nurse, teacher, or other
types of jobs that involve security clearance and professional licenses.
An offender may be discharged from the military. A domestic violence crime
is also a deportable offense.
Defense for Miami Domestic Violence Charges
In the area of domestic violence, the laws and courts are very pro victim
and prosecution. It is important to have a well crafted defense case and
an attorney by your side at each step in the criminal court process. The
sooner you involve your attorney the better. The prosecution takes domestic
violence cases seriously and so should you. A conviction can affect many
aspects of your life and your future. Just because you were arrested and
face charges of domestic violence, it does not mean that you are guilty.
Your attorney can challenge evidence presented by a prosecution and present
your side of the case.
The penalties for domestic violence are harsh.
Call the Law Office of Michael Mirer, P.A. today for information about defense in your criminal case.