Defense for Domestic Battery & Abuse Charges in South Florida
Domestic violence is a serious violent crime that carries harsh penalties. It involves violence or abuse between family members, spouses, ex-spouses, children, or people who live together. Because of the media and political attention that domestic violence cases tend to receive, these cases are aggressively investigated and prosecuted by law enforcement and District Attorneys alike.
Throughout Florida, law enforcement is continually cracking down on cases involving domestic violence and child abuse, often with the viewpoint of arrest first, ask questions later. Law enforcement has the explicit authority to make an arrest for this type of criminal offense without an arrest warrant if probable cause is established.
What If I Was Defending Myself?
Even if you were defending yourself, once you are arrested, it is necessary to expose the truth to the prosecutor and to the court. There are a variety of actions that can be taken, based upon the circumstances of your case. You may have injuries that must be documented; there could be witnesses that can make statements supporting your case; and the witnesses for the prosecution must be investigated to determine their truthfulness as well as their involvement in the case, no matter how minor.
WHAT IS DOMESTIC VIOLENCE?
Domestic Violence Involves at Least One of the Following:
Types of Domestic Violence 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.
The Charges in Domestic Violence Cases Can Include:
- aggravated assault,
- aggravated battery,
- sexual assault,
- sexual battery,
- aggravated stalking,
- tampering with a witness,
- and false imprisonment, as well as other criminal offenses.
How Can the Court Help Protect 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.
WHAT ARE THE 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.
The Penalties Include:
- 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 or deported.
How Will A Domestic Violence Accusation Affect My Child Custody or Visitation?
If you are found guilty, you may lose custody of your children, or you could only be allowed to visit them with a chaperone present. These are very serious issues and must be addressed with a great deal of skill. Losing custody or visitation rights is one of the most serious consequences of being accused of child abuse, child endangerment or other types of domestic violence that involves children.
In some cases, the state may take your children and have them in a foster home for protection. If you are accused of child abuse, endangerment or molestation or any other serious domestic violence crime, contact our firm at once.
Benefits of Hiring a Domestic Violence Defense Attorney in Miami, FL
Making the decision to involve an attorney as early as possible may have a significant, positive impact on your case. Miami Attorney Michael Mirer has over 10 years of experience as a trial attorney and is also a former prosecutor. With his knowledge of domestic violence cases and understanding of both sides of the criminal process in Florida, Attorney Mirer can fight for you.
The Law Office of Michael Mirer, P.A. can offer you the aggressive, applicable legal strategies that will help you avoid a conviction and serious penalties. In addition to defending you in the face of domestic violence allegations, our firm can help if you've been served a restraining order as a result of alleged abuse.
Miami Domestic Violence Defense Lawyer Michael Mirer
Although you may have been accused of a terrible offense, you have the right to legal counsel. When you work with attorney Michael Mirer, you will be treated with the respect and compassion you deserve. You will have a strong, experienced advocate for your rights both inside and outside of the courtroom to help you resolve this matter as quickly as possible.
Challenge your domestic violence charges with an experienced lawyer at your side. Contact a Miami domestic violence attorney at the Law Office of Michael Mirer, P.A. today to discuss your defense options.