When Lake County Sheriff’s Office deputies are called to your home for domestic violence, they may arrest you on the spot if an angry spouse, partner, or family member points to you and the injuries they say you caused. This judgment call is to diffuse an out-of-control altercation. They may not even ask you if you are responsible if they think the situation will worsen.
An arrest does not mean you are guilty or will be found guilty. Many factors mitigate what one person claims, or what the facts in the case show. Our criminal defense attorneys advise you not to make any statements to law enforcement before you have a chance to speak with us. When they read your Miranda rights and tell you that anything you say can be used against you, they mean it. Call a Cocoa Beach domestic violence lawyer as soon as possible.
Most people think of domestic violence as an abusive and dominant husband who hits or punches his wife, but it can occur in many different scenarios. Anyone living in the household might abuse someone else, including spouses, blood relatives or relatives by marriage, partners, roommates, co-parents, or children. Florida treats these discretions under its statutes for violent crimes if injuries are apparent, and charges them accordingly, generally as battery, felony battery, or aggravated battery, assault, or aggravated assault. Dating violence brings similar charges if the criminal act is directed toward a romantic partner.
In Cocoa Beach, domestic violence is a systemic pattern of abuse by one person to gain and maintain control over another. Some identified tactics used to gain control include:
The facts surrounding the accusations against you will matter. For example, while many domestic violence allegations are true, many are false and retaliatory, often to gain an advantage in child custody hearings or because the accused spouse or partner is cheating. Our Cocoa Beach attorneys are diligent and caring. We are aware that domestic disputes with injuries know no boundaries and occur no matter how rich or poor you are, how much education you have, or which neighborhood you live in. Call a Cocoa Beach domestic violence attorney now and we can begin defending your case.
Protective orders are available to a person in fear of a domestic violence injury at the hands of another. The courts grant them to add a layer of accountability if the accused violates one and contacts the accuser. If the judge issuing the order grants temporary custody of the children to the accuser, the accused cannot see their children either, and may also have to leave the shared home, secure another residence, pay spousal and child support, court costs, and attorney’s fees, and attend anger management counseling. Violating a protective order could result in charges for aggravated stalking. Consult a seasoned lawyer familiar with court protocol in domestic violence cases.
According to Florida Statutes § 741.283, a conviction for domestic violence results in a minimum sentence of 10 days in jail for the first offense, 15 days for the second offense, and 20 after that. Time in jail escalates if a minor child is present during the altercation.
When charged with aggravated assault, you can spend up to five years in prison for this third-degree felony which includes the presence of a weapon or the intent to commit further assault, such as a sexual assault. Simple assault can land you in jail for up to a year.
Battery is a completed assault in which a person sustains bodily harm. A first offense is a first-degree misdemeanor unless you have prior convictions, escalating the charge to a third-degree felony. The charges can be brought as a second-degree felony for aggravated battery when the accuser is pregnant, the act is intentional, or a deadly weapon is used. To discuss the particulars of your charges, contact a domestic violence attorney in Cocoa Beach now.
You can lose a lot after a domestic violence conviction; not just your freedom, but your family, friends, job, ability to get a loan, and the right to own firearms and vote. Our attorneys dedicate our practice to helping people in trouble and negotiating a second chance or the best outcome we can.
There are defenses to the charges, and we use those that can help you. Perhaps the accuser’s injuries were the result of self-defense, or the police violated your rights. Maybe a diversion program for a first-time offender is available. You will not know what we can do to help you until you contact a Cocoa Beach domestic violence lawyer to defend your rights.
The Umansky Law Firm Criminal Defense & Injury Attorneys
