Miami Domestic Violence Attorney
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.
Penalties for Domestic Violence
Domestic violence involves at least one of the following:
- Child abuse
- Physical abuse
- Emotional abuse
- Sexual abuse
- Spousal rape
- Child neglect or endangerment
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 or deported.
Benefits of Hiring a Domestic Violence Defense Attorney
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.
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.
