Giving You a Fair Chance
Your life has been irreversibly changed if you have been charged with domestic violence. What might have been a lapse in judgment has set off a chain reaction of frightening, confusing, and uncertain events. If you face federal charges, the district attorney’s office will use unlimited resources to build a case against you. While no one wishes to impugn the actual victims of this awful crime, the truth is that some face these charges every day and are falsely accused.
The criminal defense attorney at DeMichael Law is compassionate, skilled, and knowledgeable of Florida criminal law. We understand the nuances of Florida domestic violence laws and know that there is frequently an unspoken bias those charged with domestic violence fight against. We recognize that not all domestic violence cases are equal and that there are cases in which the accusers may not be presenting all the facts truthfully, accusations were made out of retribution, or good people were caught up in the system unfairly. Florida takes domestic violence seriously, and you shouldn’t take these charges lightly. Call DeMichael Law today for a free consultation at 863-216-1831.
What Are Florida Domestic Violence Laws?
Florida law defines domestic violence as intentional harm, harassment, or stalking against someone you live with. It doesn’t matter if they are an adult or a minor. The victim might be a current or former spouse, your children, your roommate, a current or former romantic partner, or anyone with whom you have had personal relationships.
One thing to be aware of is that domestic abuse or violence are what are colloquially known as umbrella charges, meaning that it is possible and even quite likely that someone charged with either of these crimes will also be facing additional charges such as battery, sexual assault, burglary, criminal trespassing, or intimidating a witness to name a few. Florida is serious about protecting victims of abuse, as it ought to be.
There is an unspoken standard of believing the victims and survivors of domestic violence and those who have suffered deserve our belief and compassion. However, for every victim, one in ten is a false accuser, and those falsely accused have rights.
What Are the Legal Classifications?
There are multiple degrees of domestic violence charges in Florida law, each carrying its level of penalty, which increases in severity. If you have never been charged with domestic violence before and there are no aggravating factors, you may only be charged with a misdemeanor; however, even that can land you in jail for up to a year. If there are aggravating factors or you have had multiple convictions, the severity of the penalties increases. It is imperative that you enlist the aid of skilled legal counsel to help you navigate the complexity of these charges.
How Do I Defend Myself After I Have Been Charged?
When facing a serious criminal charge, the first thing to remember is to keep the panic to a minimum. It may be challenging, but it will only help people if you are clear-headed. Secondly, you must seek the services of an experienced and knowledgeable criminal defense lawyer at DeMichael Law. We are compassionate and respectful, and we will work diligently to get the best resolution to your case. Do not attempt to represent yourself or engage in open negotiation.
Strategy is Key
When defending yourself against such a severe charge, strategy is the key to survival, and you will want to work closely with your defense team to ensure every detail of your case is examined. The consequences of leaving stones unturned in these investigations can mean the difference between an acquittal and incarceration, hefty fines, restraining orders, or the loss of other vital rights. Do not take that chance.
Some strategies your defense team may suggest are:
- Are the accusations false or misleading? In some cases, domestic violence charges are fabricated due to personal problems, custody battles, or relationship problems. Every aspect must be investigated. Your freedom may depend upon it.
- Inconsistencies in testimony- If your accuser made statements to authorities, they must be scrutinized for inconsistencies. Discrepancies may weaken the prosecution’s case.
- If there is any physical evidence of a conflict, such as medical reports, photographs, or forensic evidence, ensure your team can access and examine it. Ensure it matches your accuser’s statements.
- Gather any witness statements. If people were present during the alleged incident, their accounts could challenge your accuser’s narrative and offer a different perspective.
- Did you act in self-defense? If your actions were in defense of yourself or another person, this can be a powerful statement; however, it must be proportional. If you use excessive force, your defense can be severely compromised.
What is a Plea Bargain?
A plea bargain is a negotiation to reach an agreement between the prosecution and defense to settle a criminal case. In a plea bargain, the defendant often pleads to a lesser charge in exchange for a more lenient sentence or reduced legal penalties.
When Should I Call A Criminal Defense Attorney for Help?
If you have been accused of domestic violence, you need an experienced criminal lawyer to represent your case. The state will aggressively pursue these charges, and you should not attempt to represent yourself or open negotiation with them yourself. DeMichael Law has the experience to represent those falsely accused of domestic violence and has a reputation for providing clients with the respectful and helpful legal counsel they deserve. Call 863-216-1831 to schedule a free consultation.