Prosecutors in the State of Florida are known for aggressively pursuing convictions in family abuse cases. If the incident attracts local news, there is often a public outcry following these arrests, and the pressure on law enforcement to properly punish the alleged offender can be substantial. Unfortunately, this often leads to the state filing charges when the evidence does not support a conviction.
You have the opportunity to protect your rights and your freedom in these cases, and you do not have to do it alone. At The Umansky Law Firm, one of our criminal defense attorneys could investigate the allegations against you before advising you of your options. A Belle Isle domestic violence lawyer is an important ally as you fight for your freedom.
This legal concept can cover a wide range of criminal behavior, including assault, stalking, battery, or false imprisonment. While the elements of each offense are the same as any other case, these prosecutions are different due to the relationship between the accused and the reporting witness. Domestic violence involves incidents between family or household members specifically.
It is important to understand why these cases are distinct. Compared to standard charges like assault or battery, a domestic violence conviction generally carries steeper penalties. To meet the legal standard, prosecutors have to demonstrate that the alleged victim was a family or household member of the accused.
Whether or not this issue is in a dispute will depend on case specifics. While there is no doubt that spouses or co-parents qualify, it can be a gray area between unmarried people who were previously in an ambiguous relationship. A Belle Isle attorney could explore whether or not a defense in a domestic violence case could rest on the lack of the necessary relationship between parties.
Many people assume that domestic violence only occurs between spouses or those involved in an intimate relationship. The reality is that state law applies to a much wider range of people, which can include:
Identifying whether or not these relationships exist is central to building your defense strategy. An attorney could answer any questions you have about how the law might apply in your situation and could also push back on any injunction that forbids you from seeing your family while the case is pending.
An arrest based on these allegations can be distressing, but you have an opportunity to avoid a conviction with our help. A strong defense could result in an acquittal at trial, a reasonable plea offer, or even the dismissal of all charges.
A Belle Isle domestic violence attorney evaluates every case individually, looking for facts that might be relevant to your innocence. There are no guarantees in these cases, as a strategy that works for one defendant might be inadequate for another. Some potential avenues of defense for a domestic violence charge might include:
A vigorous defense could be enough to secure a favorable outcome after an arrest for these crimes. Even if the strategy does not lead the state to drop all charges, it may be enough to convince a judge or jury at trial. However, no outcomes can be guaranteed and you will need to work closely with our team to determine your best option.
If you have been arrested due to an incident with a loved one, former spouse, or household member, it is vital to remember you have legal options. Most importantly, you have the right to an attorney.
The right legal counsel can have a dramatic impact on the outcome of your case. Call a Belle Isle domestic violence lawyer from our firm today for a free and confidential consultation. You are in good hands when you work with a legal professional.
The Umansky Law Firm Criminal Defense & Injury Attorneys
