Criminal Defense – Domestic Violence Cases in Miami, Florida
Domestic violence (DV) cases are common in Miami and throughout the State of Florida. When a police officer or paramedic is called to assist with what might be a domestic violence case, state law requires that the suspect be arrested, even if the alleged victim does not want to press charges or if the incident was not a domestic violence matter at all. As a result, many individuals are often falsely accused of physically or emotionally harming their spouse or partner.
Being charged with domestic violence in Miami is a very serious crime. The state treats DV cases as a criminal act as opposed to a personal or private matter and the State Attorney will usually try to impose the maximum penalty on the alleged offender. Additionally, a domestic violence arrest almost always remain on an individual’s record forever. Under Florida Law, any DV case in which a guilty or no contest plea is entered, even if adjudication is withheld, cannot be sealed or expunged.
It’s imperative that anyone who has been charged with domestic violence in Miami turn to an experienced criminal defense attorney right away. Your future can be forever impacted by the results of a DV case and without a skilled lawyer on your side, you may be coerced into entering an incriminating plea without even realizing it. If you were arrested on domestic violence charges, attorneys at The Brody Law Firm, LLC are here to help you.
The domestic violence attorneys at our firm know exactly what to do to attack the prosecution and help your case resolved as favorably as possible. Too many DV cases are based on false accusations, and if this has happened to you, we will not rest until your charges are wiped out.
Defining Domestic Violence in Miami, FL
Domestic violence is a criminal offense in which a family or household member commits a physical injury to or causes the death of another member of the family or household. What constitutes as “family or household member” in Florida is a relatively broad concept and is not limited to individuals who live together.
Domestic Violence penalties-
Although punishment for domestic violence cases vary, the usual fines and penalties are styled below.
Misdemeanor: Up to 1 (one) year in jail and up to $1,000 fine
Minimum Mandatory: 5 days in jail
There are several individuals that may be involved in domestic violence disputes, including:
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Spouses
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Former spouses
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Blood relatives
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Individuals related by marriage
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Anyone currently or formerly living together
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Persons who have a child together
The state considers the following to be types of domestic violence:
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Assault or aggravated assault (may be sexual in nature)
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Battery or aggravated battery (may be sexual in nature)
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Stalking or aggravated stalking
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Kidnapping
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False imprisonment
Why Hire a Domestic Violence Lawyer?
The penalties for domestic violence convictions in the state of Florida are extensive. You may be looking at either misdemeanor or felony charges and may face expensive fines, mandatory community service, mandatory anger management classes, a restraining order, and worst of all, imprisonment. The severity of the offense will determine the penalties, but even a minor offense can lead to a lifetime of job loss and legal issues.
If you were accused of domestic violence, our criminal defense trial lawyers in Miami can help you surpass your charges. We have extensive experience litigating criminal cases involving DV accusations and will negotiate a lesser charge that will allow for expungement or may even have your charges eliminated.
Call Brody Law Firm today to schedule a free consultation to discuss the best defense strategy for your charges. Our attorneys are committed to protecting your rights and will see to it you obtain a fair resolution for your case.