Miami Domestic Violence Attorney

Former Prosecutor Defends Against Domestic Violence Charges

Are you named in an order of protection? You can be restricted from entering your own home, from having visitation or contact with your own children, or from contacting your spouse by any means, including email, regular mail, phone or any other method, or being present within a certain distance. The repercussions of a domestic violence charge and a restraining order can be extremely severe, and your personal and professional reputation can be damaged even if you are completely innocent.

Whether you are guilty, are falsely accused or if there were mitigating circumstances (such as self-defense or other factor) you must have highly qualified legal representation on your side at once. The penalties for domestic violence are harsh, based upon various factors, including whether the alleged victim was injured, or issues related to injuring or abusing children. For certain offenses, there will be years of prison time in a conviction. A minor domestic violence offense will most often include court-ordered treatment program, or "batterer's intervention program," jail time and fines. You may be the subject of a permanent order of protection, and will have to find a new place to live. These are very serious matters, and if you are facing criminal charges on any domestic violence offense, contact our firm immediately. Our early involvement could be extremely beneficial to you and your case.

Operating With Skill Within The Criminal Justice System in Miami

What are the skills you need on your side in a domestic violence charge? There is far more to defending a case than a knowledge of the law - that is a given. What is necessary is an understanding of the criminal justice process and how to get "traction" in a defense case. The first step is an in-depth review of the case, all evidence including police reports, witness statements and any other evidence that led to your arrest.

How The System Works in Domestic Calls

When law enforcement is alerted and responds to a domestic call, and one party claims that they were injured or threatened with injury, law enforcement has the obligation to take action, and the full right to make an arrest without a warrant, including issuing a restraining order. They can arrest you even if there is another side to the story, or even when the act never took place and the accusation is false. Later, should the alleged victim recant and admits that they exaggerated the situation, or that there was no actual domestic violence, only the prosecutor can drop the charges, and they may or may not do so. Our ability to work within the system is enhanced by Mr. Mirer's background in serving as an Assistant State Attorney in Miami-Dade County. He has served at over 100 trials and is very familiar with both sides of the criminal justice process - this can be of great benefit to you in your domestic violence case.

State Law and "Habitual Offenders" - Enhanced Penalties

The State of Florida legislature has continued to increase penalties for a wide range of violent crimes. The 10-20-LIFE law can impact a domestic violence charge if the individual accused has a prior criminal record. Under Florida § 775.084 (2011), violent career criminals, habitual felony offenders and three-time violent felony offenders will face enhanced penalties or mandatory minimum terms in state prison. Criminal cases that could be impacted by this law include sexual battery, aggravated child abuse, aggravated abuse of an elderly person or disabled adult, aggravated assault with a deadly weapon (and what a deadly weapon is defined as can come into play), aggravated battery and aggravated stalking. The sentencing rules provide for mandatory terms in state prison for habitual offenders. The conviction that could impact sentencing in a domestic violence case includes convictions in other states.

Get qualified legal representation before your case progresses any further through the system. The earlier our firm gets involved in defending you, the more options could be available to assist you, including pursuing a dismissed or reduced charge. It is advised that you exercise your right to remain silent and contact our firm at once if you are accused of any domestic violence offense. We have the background, trial skills and knowledge you need to help you fight back.

Contact Law Office of Michael Mirer, P.A. for defense counsel in domestic violence charges of all types.