Few personal situations are fraught with more disappointment and heartache than the dissolution of a marriage, domestic partnership or other close personal relationship.
When violence is part of the equation that precipitates such a split, the scenario becomes all the more wrenching for those involved. When allegations of domestic violence begin to fly and charges are filed, the consequences for the accused can be extraordinarily severe.
If you are facing prosecution for a crime within this category, a West Palm Beach domestic violence lawyer is ready to be your staunchest ally in the fight for justice and exoneration. Contact an experienced defense attorney today.
Fundamentals of Florida Domestic Violence Law
It is important for Floridians to be aware of the relatively wide array of offenses included within the broader category of domestic violence crime articulated in detail by Chapter 741 of the Florida Statutes. Charges are regularly filed in relation to acts that may include:
- Stalking, harassment, aggravated stalking
- Domestic and/or aggravated battery
- False imprisonment
- Domestic and/or aggravated assault
- Violation of no-contact or restraining orders
- Spousal rape/sexual battery/other sex-related offenses
Crimes that result in the death or serious injury of another member of the accused party’s household or family, as provided by Stat. §741.28
Ramifications of a Domestic Violence Conviction
Being found guilty of domestic violence in Florida has the potential to cause profound disruption and difficulty from which it can be challenging, perhaps even impossible to recover.
As evidence of the seriousness with which the legislature takes offenses of this nature, Fla. Stat. §741.283 provides for a minimum, five-day term of incarceration for anyone found to have intentionally caused bodily harm under such circumstances. From there, punishments can escalate to include lengthier jail sentences, periods of probationary supervision, monetary fines and other penalties such as:
- Mandatory participation in domestic violence intervention programming
- Revocation of concealed weapons permit, if applicable
- Blanket ineligibility for expungement from criminal record
- Possible deportation in cases of non-citizens
Marshaling a Strong Defense
Criminal convictions of any type, but particularly those related to domestic violence, have the ability to negatively affect individuals’ lives in a wide range of ways.
Job loss, professional license suspensions, interference with custodial arrangements and overall damage to personal reputations can be truly devastating, and that is why an aggressive legal defense is not a luxury, but rather a necessity.
The sensitive, “he-said, she-said” nature of domestic violence allegations often cause accused parties to fear that they are at a real disadvantage in terms of countering such charges in court.
However, it is critical to remember that effective defense strategies, including those related to self-defense are regularly asserted and used to reduce charges, lessen penalties and, in some cases, have cases dropped altogether.
Is it Possible for Domestic Violence Charges to Be Dropped?
Once a domestic violence offense is reported to law enforcement, an arrest is often made on scene. The police will not take the chance that something else will happen after they leave if they have not taken one party to Jail. Nevertheless, we are often able to get charges Dismissed prior to Court if the alleged Victim does not wish to participate in the prosecution of the case The State of Florida does take into account the potential for abusive partners/family members to coerce their alleged victims into dropping charges, but if they do not have a cooperating witness they often have no choice and have to Dismiss or Drop the charges as they are not provable. Individuals charged with this offense should definitely reach out to a domestic violence defense Attorney in West Palm Beach to see if there what opportunities are available for having the charge dismissed or lessened in severity.
Dedicated Domestic Violence Counsel in Florida
The sooner the facts of any domestic violence allegation are thoroughly explored, the stronger the opportunity a defendant will have to fight back and tell the other side of the story.
If you are facing allegations in this realm, there is no reason to delay in enlisting the aid of a West Palm Beach domestic violence lawyer who is ready to advocate zealously on your behalf. The sooner you hire an experienced local West Palm Beach Domestic Violence Lawyer and Former Prosecutor, the more likelihood there is of early intervention on your behalf, possibly resulting in the Dismissal of the charges, depending on the facts and circumstances of your case.