Domestic Violence: According to Florida Statute 741.28, Domestic Violence is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
"Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
A domestic violence crime may be charged as a misdemeanor or felony criminal offense based on the nature of the domestic violence crime, the specific domestic crime the accused is charged with, evidence and witness statements obtained by law enforcement, and sometimes, the accused prior criminal history.
Domestic violence crimes are often aggressively prosecuted, as they are crimes against the personal safety of the victim, and potentially against those who physically come to the aid of the victim's physical safety.
Some domestic violence crimes require that the accused had intent to commit the domestic violence crime. In cases that involve serious injury or death, the severity of the injuries may provide the prosecution with intent. Other domestic crimes may require that the prosecution successfully show a pattern of behavior in order to justify the charges, such as in stalking or harassment cases. It is important to note that the prosecution is still held to the burden of proving their case against you beyond a reasonable doubt.
It is certainly not uncommon for an individual to be wrongfully accused and/or arrested for a domestic violence crime. Our law firm has seen all to often that innocent people are accused and/or arrested because of spite, a grudge, or to gain favor regarding ongoing child related legal issues. We will aggressively fight to have the domestic violence charges dropped, reduced, negotiate for a plea deal, and when necessary, fight for your rights and freedoms using every legal resource available under the law.
If you have been charged with a domestic violence crime, you need an attorney on your side who is knowledgeable of the law, experienced at trial, and able to negotiate for you from a position of strength. Call our law office 24 hours a day, 7 days a week at 863.709.0808, or by using our online case evaluation form.
We stand ready to aggressively represent you, and answer all of your questions. An aggressive defense of your case in the early stages could lead to the charges against you being dismissed or reduced.