If you’ve been accused of domestic violence in Florida, you’re facing a high-stakes legal battle. If you’re convicted in a criminal trial, a domestic violence charge becomes part of your state criminal record. This charge can also hinder your prospects of getting hired or approved for a loan.
Nonetheless, the legal definition of domestic violence varies throughout the United States. For that reason, it’s a good idea to explore what domestic violence means per federal and state criminal law. You should also know that hiring a criminal defense lawyer can drastically raise your chances of receiving the best possible outcome.
Our best advice is to contact a skilled defense lawyer if you feel someone has wrongly or unfairly accused you of domestic violence. Call the offices of criminal lawyer Ron Chapman at (561) 832-4348 to discuss your case. We defend people who face charges that they committed crimes.
Types of Domestic Violence in Florida
Per Florida criminal law, domestic violence is when a family member or household member inflicts any assault, battery, or violence on another person in the family or household. In addition, certain types of domestic violence may not include actual physical harm to the victim. Yet, these types are no less serious, according to state criminal law.
Florida law defines family or household members as:
- Spouses
- Ex-spouses
- People related by blood or marriage
- People living in one household as a family
- People who have previously lived together as a family
- People who have a child together even if they are or were not married
The penalties of domestic violence heavily depend on the circumstances of the crime. These circumstances include the type of domestic violence, the alleged victim’s age, any injuries the victim sustained, and aggravating factors. Aggravating factors comprise a perpetrator’s carrying a weapon, making threats to the victim, previous criminal records, and the location of the offense.
At any rate, domestic violence penalties range from community service to capital felony. Most penalties also require no contact with the alleged victim unless the victim drops the charges.
In Florida, types of domestic violence include:
- Assault or battery. Assault is a verbal or physical threat against another person. Conversely, battery involves committing physical harm to a person against their will.
- Aggravated assault or battery. Assault or battery coupled with using a firearm or another weapon against a victim.
- Felony battery. Battery that causes severe harm or permanent disability to the victim.
- Sexual assault or sexual battery. These crimes range from non-consensual touching to rape.
- Stalking or aggravated stalking. Florida includes cyberstalking in its definition of stalking.
- Kidnapping
How a Florida Criminal Defense Attorney Can Help
If someone has accused you of domestic violence, a criminal defense lawyer can advocate for your getting reduced charges or for the court to dismiss your charges. A defense lawyer also navigates ever-changing Florida domestic violence laws and statutes. In addition, a criminal lawyer knows many defensive arguments that may apply to your case, including:
- You were defending yourself
- You were defending your property
- You were defending others
- Lack of proof of that domestic violence exists
Furthermore, per Florida criminal law, the alleged victim is not required to press charges against the alleged perpetrator. Instead, domestic violence charges fall under the state’s jurisdiction. This law is all the more reason you need a lawyer to build a substantial defense for you.
A Criminal Attorney’s Advice on What to Do If You’ve Been Accused of Domestic Violence
When you receive your charges of domestic violence, do not talk to the police until you’ve hired a lawyer. Also, you must not give a statement to the police until your lawyer is present. Furthermore, do not ever contact the alleged victim at any point.
In the meantime, build a timeline of the incident with your lawyer while it is fresh in your memory. Your lawyer may also ask you if you think the plaintiff has wrongly accused you. In addition, your lawyer may ask you to describe all your interactions with law enforcement.
Lastly, you and your lawyer should consider all the evidence surrounding your charge. This evidence includes the evidence potentially incriminating you as well as the evidence supporting your defense. Your attorney can help you identify the evidence that may indicate that you did not commit the offense.
Your lawyer may deem the following kinds of evidence favorable to your case.
- Witnesses. If onlookers to the incident claim you did not commit the charge, they can give witness statements.
- The plaintiff’s previous false charges of domestic violence. These previous fraudulent charges can apply to you or other people.
- Violation of your rights. If law enforcement denied you your rights at any point, the court might admit that denial into evidence as proof you were treated unfairly.
Trustworthy Criminal Attorney in Palm Beach County, Florida
If facing charges of domestic violence in Florida, know your rights. Hire a criminal defense lawyer experienced in criminal law to prepare a defense for you. Call the offices of West Palm Beach attorney Ron Chapman at (561) 832-4348 or complete our online form today to schedule a meeting.