According to Florida law, domestic violence is defined as any assault, battery, stalking, sexual assault or battery, kidnapping, false imprisonment, or any other criminal offense committed by the victim’s family or household member, that results in physical injury or death. Under this definition, “family or household member” includes spouses, former spouses, or any other relationship by blood or marriage. In most cases, family or household members must either be currently living together or must have lived together previously.
Due to Florida’s minimum mandatory sentencing and increased public attention to domestic violence, these cases must be handled very carefully by an experienced Florida domestic violence lawyer Even if you have no criminal record, any sentence in a domestic violence case (even if adjudication is withheld) cannot be removed from your record through records sealing or expungement. Therefore, if you are facing domestic violence charges, it is imperative to have an experienced and competent criminal defense attorney representing your case.
Penalties for a Domestic Violence Conviction
A domestic violence conviction can be very devastating for your reputation, your future, and your prospects for employment. If you are convicted of domestic violence, you may be required to serve a minimum sentence of one year of probation and enter a batterers’ intervention program. Under state law, any person convicted of domestic violence who intentionally caused bodily harm must serve at least five days in county jail. The court can also impose a prison sentence, community service and more in addition to these requirements, making it important that a domestic violence attorney in Florida is consulted as soon as possible.
If an individual violates an injunction of protection (the state’s version of a restraining order), additional criminal charges will be filed. A person violates an injunction of protection by failing to vacate a home he or she shares with the victim, telephoning or contacting the victim, going within 500 feet of the victim’s home or 100 feet of the victim’s vehicle, or damaging the victim’s property. Violating an injunction of protection is considered a misdemeanor in the first degree and comes with a maximum sentence of 1 year in jail.
Consulting A Florida Domestic Violence Attorney
For over 46 years, the attorneys at Leifert & Leifert have provided aggressive and skilled representation to individuals accused of domestic violence in Broward County, Palm Beach County, and Miami-Dade County. Our Florida domestic violence lawyers are former prosecutors who are highly experienced in all types of criminal defense cases, and routinely appear in domestic violence court in Broward, Palm Beach and Miami-Dade County. Our attorneys will work diligently to get your domestic violence charges dismissed or your sentence reduced. At the Law Offices of Leifert & Leifert, we are dedicated to providing you with the highest quality, effective and aggressive representation, and we will work tirelessly to fight for your interests and your future.
When you are facing domestic violence charges, please contact the Law Offices of Leifert & Leifert by calling or fill out and submit our online Contact Us form to schedule a free consultation with an experienced Florida domestic violence defense lawyer. We look forward to assisting you.