Melbourne CRIMINAL DEFENSE LAWYERS

Melbourne Criminal Lawyers

When a police officer snaps handcuffs on your wrists or you receive notice that you are the subject of a criminal investigation, these developments will spur anxiety about the future. Police officers and detective have no desire to ease your concerns because they frequently leverage your anxiety and unfamiliarity with the criminal justice process. Many people currently in jail or prison made the error of attempting to obtain their release by talking to law enforcement instead of firmly and unambiguously exercising their right to an attorney and to remain silent. If you take advantage of these two powerful constitutional protections, your odds of a favorable outcome significantly increase. Our law firm brings decades of criminal defense experience, extensive litigation resources, and the dogged determination to take full advantage of our clients’ rights under state and federal law. We also protect our clients from law enforcement officers and prosecutors prepared to act improperly by using tactics like suggestive lineups, coerced confessions, illegal searches, and other unlawful conduct.

Domestic Violence Lawyers in Melbourne

Increased media exposure focused on domestic violence has encouraged victims to come forward, but this positive development has had a negative side effect. Parties sometimes use false allegations to secure a strategic advantage in civil litigation involving child custody, divorce, and property rights. We hear from individuals whose heads are still spinning after they have been kicked out of their home, denied access to their children, and placed in jeopardy of job loss based on very brief notice of a hearing for an initial domestic violence injunction. Although the intention was never for this powerful shield to be “weaponized,” the consequence of a domestic violence conviction potentially extends far beyond the terms of your sentence to your career, family relationships, reputation, Second Amendment rights. Under Florida Statutes, Section 741.28, domestic violence differs from most other criminal offenses because the statute applies to the commission of a range of offenses. The defining characteristic of these offenses is that the alleged victim and the accused must have one of the following relationships:
  • Parents who share a child in common
  • Individuals currently or previously married
  • People living together as a family
  • Persons related by marriage or blood
  • Currently or previously cohabitating adults
  • Parties in a current or former dating relationship
Crimes that cause injury or death involving parties to any of these relationships can be prosecuted for domestic violence. Examples enumerated by the statute include assault and aggravated assault, battery and aggravated battery, sexual assault and sexual battery, aggravated stalking, and kidnapping. The offense can result in state prison and carries a mandatory minimum of five (5) days in jail. The prosecutor can also seek a conviction for other offenses, so the prosecutor could pursue both a domestic violence conviction and an assault or battery charge. Our domestic violence lawyers in Melbourne understand the risk that these kinds of allegations will be misused based on improper motivations. Our attorneys carefully examine police reports, past incidents between the parties, witness statements, and other evidence to identify inaccurate or false allegations. We diligently strive to obtain the best outcome whether that be a dismissal, acquittal, or a plea bargain involving a lesser charge or more lenient sentence.

Knowelgeable Melbourne DUI Lawyers

Some people arrested for DUI do not retain legal representation and plead out to the prosecutor’s initial offer at the first opportunity. This flawed strategy usually will be motivated by a sense that failing a chemical test or poor performance during standardized field sobriety tests (SFSTs) makes a conviction virtually inevitable. Although our Melbourne DUI lawyers usually recommend declining to submit to standardized field sobriety testing or a portable roadside breath test, the results of these alcohol screening tools, or even a formal chemical test following an arrest, do not mean you will be convicted. There are many defenses that can be used based on a careful examination of the entire process of your stop, roadside interaction with the officer, arrest, and formal chemical test. The exact strategy our lawyers would utilize to defend you will depend on the specific facts, but some successful defense strategies could include:
  • Showing the stop of your vehicle was not legal
  • Exposing errors, misrepresentations, and falsehoods regarding the officer’s observations of you prior and after you were pulled over
  • Emphasizing factors that compromise breathalyzer reliability, such as Adkins (low carb) diets, mouthwash, and GERD (acid reflux)
  • Revealing procedural errors in conducting SFSTs and chemical tests
  • Highlighting factors that compromised SFST results like tight clothing, proximity to traffic, illness or injury, or other factors
Whether you are arrested for DUI because you alleged had a BAL of .08 or above or your normal faculties were impaired [See Florida Statutes, Section 316.193], our Melbourne DUI attorneys provide a tenacious defense to individuals charged with driving under the influence. Sex Crimes Lawyers in Melbourne Few accusations do as much damage as one that you have committed a sexual offense. While any misdemeanor or felony conviction can harm your reputation and interfere with your career, personal relationships, and other aspects of your life, the mere allegation of a sex crime can be damaging. Our sex crime lawyers in Melbourne recognize that skill and experience is needed to shield our client’s reputation from unjustified allegations of this nature. We also focus on an aggressive defense to prevent a conviction that might require permanent registration as a sex offender. Registration as a sex offender or sex predator can severely limit your options in choosing where to live and work. Some of the sex crimes we handle include:
  • Sexual Battery
  • Prostitution/Solicitation
  • Pimping/Pandering
  • Child Porn Offenses
  • Sexual Assault
  • Sex Offender Registration Offenses
  • Rape
  • Federal Sex Crimes
  • Child Molestation/Child Exploitation
  • Statutory Rape
  • Lewd & Lascivious
  • Stalking/Aggravated Stalking
  • Spousal Rape
Because our attorneys have decades of experience defending misdemeanor and felony offenses in state and federal courts, we also provide an effective defense to other categories of crimes, which include the following:
  • Crimes of Violence
  • Drug Offenses
  • Financial Crimes
  • Crimes Involving Theft
  • Racketeering
  • Other Serious Traffic, Misdemeanor, Felony and Juvenile Offenses
If you are the target of an investigation or you have been arrested, we invite you to speak to one of our knowledgeable and seasoned Melbourne criminal defense attorneys today to learn how we can help.

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Don’t leave the outcome of your charges up to chance. Fight to be heard with Musca Law! Our firm tenaciously advocates on behalf of our clients with cases that are tailor-fit to their circumstances. As a result of our knowledgeability and success, we’ve been featured on FOX News and NBC News.

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Melbourne Area

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(321) 222-8928

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3270 Suntree Blvd., Suite 2229
Melbourne, FL 32940