Domestic Violence Lawyer in Lakeland

Helping Our Clients Clear Their Names and Avoid Severe Penalties

Certain crimes are seen as more egregious than others. Domestic violence certainly falls into this category. Defendants accused of such actions face potentially severe consequences. Unfortunately, it is not uncommon for innocent people to be accused. Domestic violence convictions typically result in severe penalties and may result in a person facing an unfair outcome based on the circumstances of a case.

Domestic violence convictions can result in severe penalties, including jail time, probation, and inability to own or possess firearms. If you have been accused of a domestic violence offense, it is essential to speak with a Lakeland domestic violence lawyer immediately.

At DeMichael Law, we understand that not every domestic violence case is the same. While charges against specific individuals may be appropriate, good people often get unfairly caught up in the system. Perhaps you have been wrongfully accused; the state does not have all the facts, or your rights were violated during an arrest. Whatever the case, an experienced Lakeland domestic violence defense lawyer can prove invaluable. Contact DeMichael Law in Lakeland, FL, for a free, confidential consultation.

How Is Domestic Violence Defined Under Florida Law?

When people think of domestic abuse, it is typically dating violence and intimate partner abuse that comes to mind. However, Florida law is far broader than what most people think. Our state defines domestic violence as any threatening or violent act perpetrated against a “family or household member.”

Household family members include current or former romantic partners, children, individuals related by marriage or blood, persons who have a child together, and those who have resided as a family in the past.

The threatening or violent acts described under Florida domestic violence law include:

•  Assault
•  Battery
•  Stalking
•  Harassment
•  Sexual assault
•  Threats and intimidation

There is a mandatory arrest policy in many states, but this is not the case in Florida. Police officers have the option to take a person into custody if they believe there’s probable cause that abuse has occurred, but they are not required to do so. However, specific actions, such as sexual abuse, choking, and use of a deadly weapon, significantly increase the likelihood of an arrest occurring.

If you have questions about Florida domestic violence crimes, contact our law firm to speak with our highly experienced attorney, who will gladly answer your questions.

What Can I Do if I Have Been Wrongfully Accused of Domestic Abuse?

It is an unfortunate fact, but false domestic violence allegations are a common occurrence. Up to one-third of accusations in family court proceedings are false. Additionally, three-quarters of men who face intimate partner violence are threatened with false accusations by their abusers. An alleged victim can invent instances of abuse for a variety of reasons.

Some of the most common reasons individuals make false allegations include trying to retaliate against the alleged offender or to gain an advantage in a divorce case or child custody matters. 

Domestic violence charges can have lifelong consequences. While there is supposed to be a presumption of innocence in the justice system, this often is not true in a domestic abuse criminal case. Whether you are accused of harming a current or former partner, family member, or children, having experienced legal representation on your side can prove invaluable to uncovering the truth and avoiding severe criminal penalties.

Remember that an alleged victim cannot drop charges against you, even if they are false allegations. Only the prosecutor handling your case can decide to dismiss the charges, meaning you could face jail time even if the accuser who made the allegation recants. If you have been charged with a criminal offense resulting from domestic violence, you must seek qualified legal representation to safeguard your legal rights.

What Are the Penalties for Domestic Violence Assault?

The penalties for a domestic violence charge in Florida can vary significantly. For example, in many instances, first-time domestic violence offenses are charged as a first-degree misdemeanor.

A first-degree misdemeanor domestic violence conviction with no aggravating factors could land you in jail for up to a year. If the alleged victim experienced bodily harm, a first-offense conviction would result in a mandatory sentence of at least ten days in jail. For subsequent offenses, potential penalties continue to increase.

Even before you face charges in court, you may have an emergency protective order placed against you. An emergency protective order acts as a restraining order, and any violation can result in a year behind bars and/or probation.

Penalties continue to increase based on the severity and circumstances involved in domestic violence cases. For instance, felony domestic violence charges are possible if deadly weapons (e.g., firearms) are involved, aggravated battery or assault occurred, or the underlying allegations constitute a felony.

In some situations, a conviction could result in more than a decade-long prison sentence. Finally, in almost all domestic violence cases, the defendant is required to complete a Batterer’s Intervention Program as a condition of their probation.

Contact a domestic violence attorney from DeMichael Law located in Lakeland, FL, today. It may be your only opportunity to avoid severe disruption to your freedom and ability to achieve your life goals.

Should I Take a Plea Deal for a Domestic Violence Charge?

If you are facing domestic violence charges, prosecutors will likely tell you that your accuser is believable and trustworthy. The prosecution may also try to convince you that a conviction is imminent and that it is in your best interest to accept a plea deal. The state might even threaten to levy more severe charges against you if you refuse to plead guilty to a lesser crime. In these situations, you must speak with a knowledgeable Florida criminal defense attorney immediately, who will fight to protect your legal rights.

For some defendants, a plea deal may be the correct choice. However, you cannot trust police or prosecutors to be straightforward regarding your legal options. In many instances, prosecutors try to offer such agreements due to weaknesses in the underlying case. Furthermore, because there are various defenses to these charges, including self-defense or defense of property, the case against you may not be as strong as the prosecutor claims.

For these reasons, you need an experienced legal advocate on your side. DeMichael Law has an experienced attorney who understands what it takes to win cases. When you come to us for help, our domestic violence attorney will work with the prosecution to try and have your criminal charges dismissed or reduced.

Before you make any agreement with the prosecution, contact DeMichael Law so that we may determine the case’s strengths and weaknesses and how we can help.

Can a Florida Domestic Violence Conviction Be Expunged or Sealed?

A common question many defendants ask is whether a Florida domestic violence conviction can be removed from their criminal record. Unfortunately, convictions related to any domestic violence crimes are not eligible to be expunged or sealed. This Florida law also applies to domestic violence convictions, even if adjudication was withheld.

A domestic violence conviction can easily show up on a background check and has long-lasting legal implications. Some of the most common legal issues encountered include the inability to obtain gainful employment, find suitable housing, and legally own or possess firearms.

Domestic violence charges may only be expunged or sealed if the prosecutor or court chooses to dismiss the charge. However, Florida does offer diversion programs, such as the Batterer’s Intervention Program, which can help defendants avoid domestic violence criminal convictions.

The State Attorney’s Office will automatically review domestic violence charges to see if the defendant is eligible to participate in a diversion program. However, eligibility will depend on the defendant’s prior criminal history and feedback from the victim.

If you are facing domestic violence charges, it is in your best interest to hire a skilled attorney who will work to try and have your charges dropped or request that you be allowed to participate in a diversion program. Contact our law firm and ask to speak with our highly trained domestic violence lawyer, who will gladly review your case.

Why is Your Domestic Violence Attorney the Right Choice for My Legal Needs?

The stakes could not be any higher if you are accused of threatening actions or causing physical harm in a family relationship. You may face significant prison time, a lifelong criminal record, hurdles in family court (e.g., child custody disputes), and other consequences. Due to the severity of the consequences you may face, you need a well-qualified legal professional on your side.

At DeMichael Law, we have seen what can happen when someone faces wrongful allegations. Even a misdemeanor conviction can follow you for a lifetime. As a result, it is essential to rethink plea deals framed as promises to “get on with your life.” Police and prosecutors are not on your side. You need an experienced legal advocate working for your best interests.

At DeMichael Law, located in Polk County, you will work with a domestic violence lawyer in Lakeland who will fight relentlessly to secure a favorable outcome on your behalf. Contact us today by calling 863-216-1831 to schedule your confidential consultation.