Defending Against Domestic Violence Charges in the State of Florida
Domestic violence is often unplanned and erupts when emotions run extremely high. Domestic violence incidents typically occur without notice. Self-control is sometimes hard to manage in these emotionally charged exchanges. In some cases, the use of violence is seen as a way to control the situation in the heat of the moment.
The implications of domestic violence episodes can have long-lasting negative effects on a person’s life. Not only can domestic violence tear apart your personal life and relationships, but you could also end up in jail, on probation, and pay substantial fines from what amounts to little more than momentary indiscretion. In this tumultuous time of great uncertainty, you will need an experienced and skillful Florida domestic violence defense attorney to devise a strategy that limits the impact this domestic violence episode had on your life.
The experienced and reputable Florida domestic violence attorneys with Musca Law understand the various negative implications facing domestic violence charges in Florida can have on your personal and professional life. They will work tirelessly to defend your freedom by fully examining all the facts and circumstances surrounding the charges so they can identify possible weaknesses in the government’s case, which will give you the best chance to mitigate the effect a domestic violence incident will have on your life.
Florida Statutes §741.28 - Domestic Violence; Definitions
Domestic violence charges arise when an act of violence occurs between two individuals bonded together based upon their family connections or living arrangements. More specifically, Florida Statutes §741.28 describes domestic violence as any act that may be classified as a battery, assault, aggravated battery, aggravated assault, aggravated stalking, stalking, sexual battery, false imprisonment, aggravated sexual battery, sexual assault or any other violent criminal act that has the potential to cause physical injury or kill another person. Additionally, §741.28, by its terms, applies to people who are members of the same family or who reside together in the same residential unit.
Who Can Press Domestic Violence Charges in Florida?
“Family or household member” has a particular meaning under Florida law. Family or household member is limited to relationships such as spouses, whether current or former, individuals who are related either by blood or as in-laws by marriage, individuals who are not legally related but live together and hold themselves out as a family, anyone who has lived together previously in a family situation, and the individuals who have a child together even if they do not reside in the same residential unit.
Facts About Domestic Violence Charges in the State of Florida
The Florida Department of Corrections indicates that around 75% of every domestic violence offense in Florida could be characterized as simple assault. Additionally, around 75% of the perpetrators of domestic violence are male, and 76% of victims of domestic violence are female. Those numbers only reflect the incidents where crimes were reported and may not accurately reflect the true statistics of domestic violence.
The statistics generated by the Florida Department of Corrections provide a snapshot of the pervasive problem of domestic violence. Prosecutors in Florida know that domestic violence can progress from a simple assault to domestic violence murder overtime if law enforcement does not intervene in the relationship. Accordingly, prosecutors vigorously fight for long jail sentences and harsh terms of probation to punish the person convicted of domestic violence to deter future domestic violence conduct and rehabilitate the offender. Domestic violence offenders often receive longer jail sentences and are required to complete stricter terms of probation then a person convicted of an assault in a barroom fight, for example.
Why You Need to Speak With an Experienced Florida Domestic Violence Defense Attorney
The disproportionate response by the prosecution from one case to another has as much to do with political cover as it does with trying to prevent another domestic violence incident in the future. Judges who must decide these cases also take a similar approach. Judges are hesitant to favor a person charged with domestic violence because they do not want to suffer political and professional repercussions if something terrible transpires between the two individuals in the future.
Therefore, if you face a domestic violence crime in Florida, you will need a strong advocate in your corner because the court system will dole out harsh punishment for a conviction. A forceful and successful domestic violence defense attorney Florida understands how to craft a defense based on the circumstances of the case so that the accused has the best opportunity to avoid strict punishments.
Domestic violence cases are a very serious legal matter. Not so long ago, incidents of domestic violence were swept under the rug and considered private matters between family members. Times have changed. People are more willing to become involved as witnesses and report domestic violence incidences they encounter. While educational initiatives about the pervasive problem domestic violence presents in today’s society have helped alleviate the shame associated with being a domestic violence victim and have encouraged bystanders to intervene, individuals might mistake a loud argument for an assault. The sensitivity and awareness of domestic violence could lead to erroneous reports of violent acts that put an innocent person behind bars.
Officers responding to domestic violence calls often have little discretion. Departmental policies often require officers to make an arrest even if the evidence of a crime is minimal. To be sure, domestic violence incidents are some of the most dangerous calls to which police officers respond. Law enforcement agents received training regarding the best way to approach a domestic violence situation to safeguard their safety as well as the safety of the individuals involved. Additionally, like prosecutors and judges, officers do not want to bear the responsibility of something tragic occurring if they do not intervene and make an arrest at the initial call.
The constitutional protections for a person charged with domestic violence do not erode because of the crime charged. The prosecution still bears the burden of proof, and the accused enjoys the presumption of innocence. At trial, what often seems like an insurmountable case on paper, frequently turns out to be incidents misunderstood or exaggerated by the victim and witnesses.
Despite the serious nature of domestic violence, people will use the criminal justice system for their whim rather than seeking refuge to redress a crime. Engaging a highly experienced domestic violence criminal defense attorney in Florida as soon as possible after you were arrested or charged with domestic violence can assist you in making the best choices about your defense.
Musca Law: Florida Domestic Violence Defense Lawyers
By calling Musca Law at 1-888-484-5057, you can speak with our seasoned, highly-trained, and well-respected Florida domestic violence defense attorneys today. Our law firm is here for you 24/7 to discuss your case. When you choose Musca Law, our firm will provide you with the defense you deserve. Do not delay and act as soon as possible to achieve the positive results for your Florida Domestic Violence case.