Miami Domestic Battery Attorney
Domestic Battery Defense: Protect Your Rights
Any type of domestic violence charge is serious. Domestic battery charges
are treated differently than other types of battery cases. Normally, the
prosecution will drop charges when a victim does not want to pursue a
complaint against the offender. That is not the case in domestic battery
cases where the State Attorney decides whether to prosecute a case.
If you are facing domestic battery charges, you will need a strong defense.
At the Law Office of Michael Mirer, P.A. we handle all types of
domestic violence case, including domestic battery. It is important to have an attorney
by your side for the protection of your constitutional rights at each
step of the legal process.
Understanding Domestic Battery Charges
Domestic violence is defined in the Florida Statute 741.28 (2011) and it
covers "any assault, battery, sexual assault, or any criminal offense
resulting in physical injury or death of one family or household member
by another who is residing in the same single dwelling unit." The
offense can range from grabbing the victim by the arm to striking or hitting
Law enforcement and prosecutors take these cases seriously, especially
when minors are involved; their interest is in protecting the victims.
If the prosecution believes there is enough evidence of domestic battery,
even when the victim wishes to drop charges, the state may press charges
and pursue the criminal case.
In domestic battery cases, the defendant is not allowed to post bond until
the first hearing before a judge, nor can the defendant have contact with
the victim. The defendant cannot leave jail without first seeing a judge.
It is vital to have an attorney represent your case.
Talk to a Lawyer Before Making Any Decisions
If you plead no contest or guilty to the charges of domestic battery, the
offense will stay on your record forever - it cannot be expunged or sealed.
That can have significant consequences for you in the future. It can affect
employability and career advancement. It can harm your reputation and
relationships. It can affect the decisions of the court if you are divorcing
and considering child custody issues. If you are an immigrant in the United
States, domestic battery is a deportable offense. A defense attorney can
help you with an aggressive defense if you were
falsely accused of the crime.
Domestic Battery Penalties
Depending on the situation of the incident, the penalties may increase
or decrease. A conviction for domestic battery means time in jail. Probation
may be required and during that time, the offender must complete family
violence counseling. There can be no contact with the victim. Included
in the sentencing is psychological evaluation and treatment. If drinking
is an issue, one may have to undergo an alcohol evaluation/treatment.
A judge may order restitution to the victim as well. A defendant found
guilty of aggravated domestic battery may receive a sentence of 5 years
in state prison. In addition, per Federal Law, an individual convicted
of domestic violence cannot use, own or possess a firearm.
Many instances of domestic battery are the result of misunderstandings
or false accusations for various reasons. The prosecution does not care
and they, along with law enforcement, will take the necessary measures
to protect the alleged victims from harm. We are experienced in representing
clients facing serious charges and work to help them pursue the best possible
outcome in their criminal cases.
You need legal representation if you are facing domestic battery charges.
Call the Law Office of Michael Mirer, P.A. today!