Did a misunderstanding escalate into something more than it actually was? Were the police called because a neighbor overheard an argument between you and your partner? Are you upset because a spiteful partner has made false accusations against you? Or very simply put, did a bad night at home end with someone going to jail?
Few criminal charges come with the emotional stress and rollercoaster-like ups and downs as a domestic violence charge. If you have been arrested for a domestic violence charge (battery or assault), it is normal to feel anxious, scared and frustrated. Don’t worry, all of my clients come to me feeling that way at first. Any criminal charge causes a person and their family great stress and unrest. However, a criminal charge in the domestic violence arena is sure to ratchet up the stress and unease just that much more.
If you are here today because you have been arrested for domestic battery, you need help from a criminal defense lawyer that understands the system and will fight to protect your rights, help you protect your good name and limit your exposure to harsh consequences. We can help. Get started by filling out our contact form for by calling our office, (305) 707-7345, to schedule your Free 4-Point Case Evaluation and Defense Strategy Session.
Domestic Violence Charges Are Complex, Have Strict Consequences and Can Turn on Small Details
It doesn’t matter if it was nothing more than a verbal altercation, someone crossed the line and it became physical or if you were merely acting in self defense. When police respond to a domestic violence call, it’s very likely that someone will end up in handcuffs and be hauled off to jail.
In that instant, you’ve been made to feel like a criminal. Your experience in jail was extremely embarrassing, degrading and dehumanizing. While it may not feel like you are innocent until proven guilty, you are. You need to take action in order to protect your freedom and your future.
Fully investigating your case, exploring defenses and explanations is extremely critical in domestic violence cases. Are there witnesses? Do photographs exist? Can video be requested? Is the victim a non-citizen and using the courts to protect their ability to stay in the country as a victim of violence?
A skilled and experienced attorney will explore all possible defenses and theories to ensure that your rights are protected and that a “he said, she said” doesn’t ruin the rest of your life.
A conviction for battery can put you in jail for up to one (1) year. It can lead to a conviction that cannot be erased from your criminal record. You may be forced to complete a 26-week intensive batterer’s intervention program. If you are not a citizen, your immigration status could be at risk and you may be deported if convicted of domestic violence battery. In addition, you will be ordered to stay away from the victim in your case.
Victim Doesn’t Want to Press Charges? That Might Not Matter!
A lot of times domestic violence charges stem from a mere argument whereby neighbors or relatives call law enforcement. This may lead to someone getting arrested even if there was no real reason for doing so.
Even if the victim or so-called victim in cases like the ones described above does not want to press charges, the State Attorney’s Office may still move forward with the criminal charges is sufficient evidence exists. This means that while the victim may be heard, the prosecutor makes the final decision when determining what cases move forward. It is a major mistake to assume that your case will merely “go away” because the victim will tell the prosecutor they don’t want to move forward. Believing this could be fatal for your future and your freedom. You need to protect yourself and have a skilled advocate in your corner.
Oftentimes domestic violence charges are extremely complicated with many facts, twists and turns. This is why it is imperative to consult with a Miami domestic violence attorney as soon as possible if you or someone you love is facing domestic violence battery charges.
Domestic violence can take on many different forms, as there are multiple types of acts that may constitute domestic violence. For example:
- Emotional abuse
- Physical abuse
- Verbal abuse
- Child Abuse
- Spousal abuse
- Threats of violence
- Sexual Abuse
- Violation of Injunction (Stay Away Order)
Take Action to Protect Yourself and Your Future
Like any criminal charge, serious consequences are likely to follow if convicted. In a domestic violence case the consequences can go beyond having a conviction on your permanent record. You may be ordered to stay away from the victim until you see a judge or the case is resolved. In addition, the court may place restrictions on you such as limited contact with the family member involved, restrictions on gun ownership, mandatory fines, anger management counseling or even jail time. A domestic violence charge can jeopardize not only your liberty and current relationships but also your relationship with another party in the future.
Domestic violence charges can also carry immigration consequences depending on the facts of an individual’s case and the ultimate outcome.
When charged with the crime of domestic violence, no matter how insignificant it may seem, it is imperative to seek the help of a Miami criminal defense attorney as soon as possible in order to ensure your rights are protected and every possible defense is investigated and explored.
If you have questions about your Domestic Violence charge and would like more information, you can download a FREE copy of Daniel Izquierdo's special report, He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case in Florida from our website. If you are here today because you feel frustrated about a domestic violence battery charge and it is disrupting your life, we should talk. You can also contact us to set up a Free 4-Point Case Evaluation and Defense Strategy Session with me by first calling (305) 707-7345. The sooner we talk, the sooner you will have clarity on what you face—and just a little clarity can take away a lot of the stress.