Each year in Broward County, thousands of cases of domestic violence are reported, and hundreds of people are arrested on charges stemming from alleged incidents involving simple or aggravated assault, rape, or even murder. If you have been accused of domestic violence, it is important to understand the consequences of a conviction and to speak with an experienced criminal defense lawyer who can help you develop a strategy for defending yourself during the prosecution of Broward County domestic violence cases.
Potential Consequences If You are Arrested on Domestic Violence Charges
Florida defines domestic violence as any type of assault or criminal offense that results in the physical injury or death of one household member by another household member. By law, a household member is defined as someone the victim shares a home with, previously lived with, or has a child with, regardless of whether they ever lived with the accused. Domestic violence prosecutions in Broward County can lead to a mandatory minimum of 10 days in jail for the first offense or more if the situation occurred in the presence of a minor child. Depending on the facts of the case, the court may impose significantly more jail time in addition to fines, probation, and other consequences. Domestic violence convictions can result in a felony record that impacts an individual’s options for employment and housing, and can also have negative impacts on custody orders and a person’s professional and personal reputation.
First Appearance for a Domestic Violence Case
The process of prosecuting Broward County domestic violence cases often begins with an arrest. Unlike other types of crimes, when an individual is arrested for domestic violence, they are not granted an automatic bond. Instead, their status is set to “no bond” until they are given a first appearance before a magistrate judge. While this first appearance is required to occur within 48 hours, if the arrest occurred on a weekend or in proximity to a holiday, the timing of the first appearance could be slightly longer. During the first appearance, the judge will determine if there was probable cause to hold the suspect. If the accused is facing misdemeanor charges, they may be asked to enter a plea during this initial hearing, while those facing felony domestic violence charges will wait to enter a plea until a preliminary hearing is set.
If bond is granted during the first appearance, the defendant will be given conditions for their release. These conditions often include no contact with the alleged victim, relinquishing possession of a firearm, GPS monitoring, and even house arrest.
Pretrial Interventions, Trials, and Sentencing
After the first appearance, the prosecution of Broward County family violence cases can take several different paths. In some cases, the defendant may have the opportunity to participate in pretrial interventions that help them avoid a conviction. In other cases, they may be able to resolve the case through a plea deal that reduces the amount of consequences they face for a conviction. In other cases, a defendant and their lawyer may opt to fight the case in court, challenging the evidence presented by prosecutors. At Leifert & Leifert, our lawyers work to get the best outcome possible for our clients based on the details of their case and their goals for resolution.
Contact Us to Learn More About the Prosecution of Broward County Domestic Violence Cases
Domestic violence cases can result in serious consequences, including years in prison and thousands of dollars in fines. Let us help you fight for your rights and determine the best path forward in your defense. Contact us for a consultation today about the prosecution of Broward County domestic violence cases.
