Penalties for Domestic Violence

Domestic Violence Defense Law Firm in Miami

Domestic violence instances are not personal matters, they are criminal matters that involve family or household members. Family is defined as follows: "family includes blood relatives or relatives by marriage, former spouses, parents (married or not) of the same child, foster parents and foster children, or any member or former member of a household (people living in the same house, related or not.)" That includes a family member who has moved out to avoid the violent situation. Domestic violence involves the areas of child abuse, physical abuse, emotional abuse, sexual abuse, spousal rape, and child neglect or endangerment. There are laws in place to protect victims of domestic violence as covered Chapter 741 of the Domestic Relations Code in Florida. If you are accused of committing domestic violence, you should retain legal representation immediately following an arrest for the protection of your constitutional rights. We are experienced in defending all types of criminal cases and have fought to achieve the best possible outcomes for our clients.

Domestic Violence Penalties

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

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. A domestic violence crime is also a deportable offense.

Domestic Violence Defenses

In the area of domestic violence, the laws and courts are very pro victim and prosecution. It is important to have a well crafted defense case and an attorney by your side at each step in the criminal court process. The sooner you involve your attorney the better. The prosecution takes domestic violence cases seriously and so should you. A conviction can affect many aspects of your life and your future. Just because you were arrested and face charges of domestic violence, it does not mean that you are guilty. Your attorney can challenge evidence presented by a prosecution and present your side of the case.

The penalties for domestic violence are harsh. Call the Law Office of Michael Mirer, P.A. today for information about defense in your criminal case.