If you’ve been accused of domestic violence in Florida, you’re facing a high-stakes legal battle. If you’re convicted in a criminal trial, a domestic violence charge becomes part of your state criminal record. This charge can also hinder your prospects of getting hired or approved for a loan.
Nonetheless, the legal definition of domestic violence varies throughout the United States. For that reason, it’s a good idea to explore what domestic violence means per federal and state criminal law. You should also know that hiring a criminal defense lawyer can drastically raise your chances of receiving the best possible outcome.
Our best advice is to contact a skilled defense lawyer if you feel someone has wrongly or unfairly accused you of domestic violence. Call the offices of criminal lawyer Ron Chapman at (561) 832-4348 to discuss your case. We defend people who face charges that they committed crimes.
Per Florida criminal law, domestic violence is when a family member or household member inflicts any assault, battery, or violence on another person in the family or household. In addition, certain types of domestic violence may not include actual physical harm to the victim. Yet, these types are no less serious, according to state criminal law.
Florida law defines family or household members as:
The penalties of domestic violence heavily depend on the circumstances of the crime. These circumstances include the type of domestic violence, the alleged victim’s age, any injuries the victim sustained, and aggravating factors. Aggravating factors comprise a perpetrator’s carrying a weapon, making threats to the victim, previous criminal records, and the location of the offense.
At any rate, domestic violence penalties range from community service to capital felony. Most penalties also require no contact with the alleged victim unless the victim drops the charges.
In Florida, types of domestic violence include:
If someone has accused you of domestic violence, a criminal defense lawyer can advocate for your getting reduced charges or for the court to dismiss your charges. A defense lawyer also navigates ever-changing Florida domestic violence laws and statutes. In addition, a criminal lawyer knows many defensive arguments that may apply to your case, including:
Furthermore, per Florida criminal law, the alleged victim is not required to press charges against the alleged perpetrator. Instead, domestic violence charges fall under the state’s jurisdiction. This law is all the more reason you need a lawyer to build a substantial defense for you.
When you receive your charges of domestic violence, do not talk to the police until you’ve hired a lawyer. Also, you must not give a statement to the police until your lawyer is present. Furthermore, do not ever contact the alleged victim at any point.
In the meantime, build a timeline of the incident with your lawyer while it is fresh in your memory. Your lawyer may also ask you if you think the plaintiff has wrongly accused you. In addition, your lawyer may ask you to describe all your interactions with law enforcement.
Lastly, you and your lawyer should consider all the evidence surrounding your charge. This evidence includes the evidence potentially incriminating you as well as the evidence supporting your defense. Your attorney can help you identify the evidence that may indicate that you did not commit the offense.
Your lawyer may deem the following kinds of evidence favorable to your case.
If facing charges of domestic violence in Florida, know your rights. Hire a criminal defense lawyer experienced in criminal law to prepare a defense for you. Call the offices of West Palm Beach attorney Ron Chapman at (561) 832-4348 or complete our online form today to schedule a meeting.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
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West Palm Beach, FL 33401
(561) 832-4348
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