Accusations of domestic violence offenses are extremely serious and can have negative consequences that may impact you both personally and professionally. A conviction for domestic violence, as well as records related to a conviction, may never be sealed or expunged. A domestic violence conviction appearing on your criminal history may be highly detrimental to you but a Pompano beach domestic violence lawyer can help.
Convictions of domestic violence may make it more difficult to get a job and may make some careers unavailable. However, with the help of a vigorous criminal defense lawyer at Leifert & Leifert, you can vigorously fight the charges you are facing to protect your rights and freedom. In any event, getting legal advice prior to attempting to handle charges on your own may help secure the best result for your circumstances.
What is Considered Domestic Violence?
Florida law defines domestic violence as certain criminal offenses that involve family or household members. These criminal offenses may include assault, battery, stalking, kidnapping, false imprisonment, and any criminal offense that results in physical injury or death. In order to qualify as domestic violence, the offense must involve specified family or household members, which include:
- Spouses and former spouses
- Relatives by blood or marriage, who currently or previously resided together
- People who currently reside together
- People who previously resided together
- People who have a child in common
A Pompano Beach domestic violence lawyer can examine the circumstances surrounding a charge to create a defense strategy.
What are the Potential Penalties for Domestic Violence?
If a person is found guilty of a domestic violence crime and has intentionally caused physical harm to another, they must serve a minimum jail sentence of ten days under Florida Statutes § 741.283. Multiple offenses could lead to harsher sentencing. For a second offense, the minimum length of incarceration increases to 15 days. Third and subsequent offenses hold a minimum jail term of 20 days unless the sentence imposed is a non-suspended prison term.
Another aggravating circumstance is the presence of a family or household member under the age of 16. If a child is present during a domestic violence crime, the minimum Jail term increases to 15 days for a first offense, 20 days for a second offense, and 30 days for a third or subsequent offense. Given the potential gravity of the penalties for a domestic violence crime, getting the advice of a Pompano Beach domestic violence attorney could be crucial.
Florida law also provides that the Court normally must order at least one year of probation and mandatory participation in a batterer intervention program as a condition of probation. This is the case unless the sentencing Judge decides that imposition of a program would be inappropriate for some reason.
What is a Civil Injunction in Pompano Beach?
If you are accused of at-home violence, you may also face injunctions for protection, pursuant to Fla. Stat. § 741.30. A Pompano Beach domestic violence attorney could explain the legal difference between charges of violence against a household member and a civil injunction.
Violating an injunction for protection against domestic violence is a first-degree misdemeanor. Depending on an injunction, actions that may violate a protection include:
- Threats against the person who brought the injunction
- Communications or contact with the petitioner
- Knowingly coming within 100 feet of the protected person’s motor vehicle, occupied or not
- Being present within 500 feet of the residence, school, or workplace of the person
Possessing a firearm while you are subject to an injunction for protection against domestic violence is also a first-degree misdemeanor and a violation of federal law. It may be valuable to have an experienced home-based violence attorney on your side to defend against a civil injunction.
Call a Pompano Beach Domestic Violence Attorney for Help
Domestic violence laws can be harsh. You may face multiple repercussions if convicted. Taking the time to seek legal advice about your case could be an essential step to avoid some of these repercussions.
Working with our focused Pompano Beach domestic violence lawyers may be beneficial to you in many ways. At Leifert & Leifert, our team of criminal attorneys could fight back against domestic violence charges. Call today to discuss your case and take the first step to protect yourself.