Miami Domestic Battery Attorney
Domestic Battery Defense: Protect Your Rights
Any type of domestic violence charge is serious. Domestic battery charges are treated differently than other types of battery cases. Normally, the prosecution will drop charges when a victim does not want to pursue a complaint against the offender. That is not the case in domestic battery cases where the State Attorney decides whether to prosecute a case.
If you are facing domestic battery charges, you will need a strong defense. At the Law Office of Michael Mirer, P.A. we handle all types of domestic violence case, including domestic battery. It is important to have an attorney by your side for the protection of your constitutional rights at each step of the legal process.
Contact us to get started on your case with a free consultation!
Understanding Domestic Battery Charges
Domestic violence is defined in the Florida Statute 741.28 (2011) and it covers "any assault, battery, sexual assault, or any criminal offense resulting in physical injury or death of one family or household member by another who is residing in the same single dwelling unit." The offense can range from grabbing the victim by the arm to striking or hitting the victim.
Law enforcement and prosecutors take these cases seriously, especially when minors are involved; their interest is in protecting the victims. If the prosecution believes there is enough evidence of domestic battery, even when the victim wishes to drop charges, the state may press charges and pursue the criminal case.
In domestic battery cases, the defendant is not allowed to post bond until the first hearing before a judge, nor can the defendant have contact with the victim. The defendant cannot leave jail without first seeing a judge. It is vital to have an attorney represent your case.
Talk to a Lawyer Before Making Any Decisions
If you plead no contest or guilty to the charges of domestic battery, the offense will stay on your record forever - it cannot be expunged or sealed. That can have significant consequences for you in the future. It can affect employability and career advancement. It can harm your reputation and relationships. It can affect the decisions of the court if you are divorcing and considering child custody issues. If you are an immigrant in the United States, domestic battery is a deportable offense. A defense attorney can help you with an aggressive defense if you were falsely accused of the crime.
Domestic Battery Penalties
Depending on the situation of the incident, the penalties may increase or decrease. A conviction for domestic battery means time in jail. Probation may be required and during that time, the offender must complete family violence counseling. There can be no contact with the victim. Included in the sentencing is psychological evaluation and treatment. If drinking is an issue, one may have to undergo an alcohol evaluation/treatment. A judge may order restitution to the victim as well. A defendant found guilty of aggravated domestic battery may receive a sentence of 5 years in state prison. In addition, per Federal Law, an individual convicted of domestic violence cannot use, own or possess a firearm.
Many instances of domestic battery are the result of misunderstandings or false accusations for various reasons. The prosecution does not care and they, along with law enforcement, will take the necessary measures to protect the alleged victims from harm. We are experienced in representing clients facing serious charges and work to help them pursue the best possible outcome in their criminal cases.
You need legal representation if you are facing domestic battery charges. Call the Law Office of Michael Mirer, P.A. today!
