Florida Domestic Violence Defense
| Contact Defense Attorney | Domestic Violence FAQs | Domestic Violence Law |
Do Not Enter A Plea of Guilty to Domestic Violence
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The Florida statutes require law enforcement to make arrests at almost every domestic dispute. Do not plead guilty to this offense. The ramifications of a domestic violence charge on your record are tremendous. We fight these cases early and through a trial if necessary.
Immediate Consequences of Domestic Violence
When a person is arrested for domestic violence he or she will be jailed without bond until he or she meets with a judge. Usually, at the first appearance (definition), the judge will determine the conditions of release. These conditions will typically entail restrictions such as (1) not returning to the home, (2) be restrained from having any contact with the victim, and (3) not possessing weapons or firearms. If a person has someone living in their home and is accused of domestic violence they can be ordered out of their own home while the other person occupies it.
Consequences If Found Guilty of Domestic Violence
When a person is found guilty of a Domestic Violence offense his or her arrest record will be permanently marred - it cannot be sealed or expunged. This means anyone can look it up and see the charges about domestic violence. Most people will automatically conclude that the person is violent regardless of the facts. Some types of employment, such as Nursing, will not be receptive to these types of criminal accusations either.
Criminal Penalties For Domestic Violence
Domestic violence is a modifier. It is added to any number of criminal offenses that fall under the definition of domestic violence. The maximum penalties for domestic violence depend on the offense that is charged. For example, domestic violence battery is punishable with up to a year in jail and up to a $1,000 fine (the maximum penalties for battery).
Immigration Issues And Domestic Violence
If the defendant is not a United States citizen and he or she is found guilty of domestic violence there is a very good chance he or she will face deportation. Domestic violence is a deportable offense. There is an argument that misdemeanor offenses would not cause deportation but that is a risk that should be avoided at all costs. All non-citizens should hire an attorney experienced with domestic violence defenses as soon as possible. This includes permanent residents.
Human Behavior Should Not Be A Crime
People in relationships are tied together emotionally. When an argument gets heated it is often due to emotion. When the police are called out to a domestic dispute it is usually the emotion that does the talking and the truth is not often spoken. Remember that exaggerations, omissions, and half-truths are all various forms of lying. "Did he push you?" may often be responded to with a "yes" without the "but I was preventing him from leaving the house." "Did she touch you against your will?" may be answered with a "yes" without the "but she did so to stop me from hitting her."
Because of emotion, Domestic Violence is often over-charged. Many times the actual touching occurs by the one person later listed as the victim. The defendant tries to leave and is prevented or attacked typically leaving bruises on both people.
We are, of course, not talking about true domestic violence - we are talking about 90% of the cases that the State files on that involve single episodes of volatile argument.
To Speak to Eric J Dirga, a Florida Criminal Defense Attorney
I represent people accused of misdemeanors and felonies for both state statutes and municipal ordinances. I have been doing this since 1995 in Orlando, Kissimmee, Sanford and surrounding Florida counties. Contact us to set up a time for a consultation either over the phone or in person.
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