Florida’s mandatory minimum sentencing laws have raised the stakes in many criminal cases, including domestic violence. These laws require jail terms even for first-time offenders. Moreover, any finding of guilt will remain on the person’s record for the rest of their life, which could create numerous problems. Anyone facing a dv charge should speak with a skilled criminal defense attorney with experience handling domestic violence cases.
Our Sanford domestic violence lawyers understand the intricacies involved in these cases. We could help you navigate the entire process, including responding to restraining orders and answering criminal charges. The Umansky Law Firm works diligently to protect your rights and resolve the domestic violence case in a favorable manner.
Domestic violence (sometimes just called “dv”) is a generic term used to define the nature of the relationship between the alleged accused and victim. The parties in a domestic case must be a family or household member. Specifically, for an offense to be termed domestic, the parties involved must meet one of the following conditions:
If the alleged victim does not meet one of the conditions above, the alleged acts may still be charged as an assault or some other crime, even if it is not labeled domestic violence. It is advisable to speak with a Sanford domestic violence attorney who has experience defending individuals with these charges.
Domestic abuse may include physical, emotional, or sexual abuse of any person that has a qualifying relationship with the alleged perpetrator. For example, a domestic violence charge may be premised on assault, sexual assault, battery, rape, stalking, harassment, false imprisonment, kidnapping, and any other criminal offense.
In Florida, the most frequent domestic violence charges include domestic assault and domestic battery. The difference between assault and battery offenses are frequently misunderstood. An assault is an action or conduct that places another person in fear of an unwanted touch. A battery is the completed act of the unwanted touching. These offenses are a first-degree misdemeanor punishable by one-year in jail, probation, and fines. These offenses may be elevated to felony offenses with far more serious consequences based on a number of aggravating factors. A domestic violence attorney could clarify what a specific incident will be classified as.
In addition to the direct criminal consequences of an adverse finding at trial, the accused faces long-term damage to their reputation, risks custody of their children, and it may become difficult to find work after a dv conviction. Moreover, state law does not allow an avenue for anyone convicted of these offenses to ever expunge or seal the record of their conviction, so it stays on their record for the rest of their life. Anyone facing domestic violence charges in Sanford needs a skilled lawyer to protect their rights. It may be possible to defend against this charge by arguing self-defense, a misunderstanding, or clarifying how the relationship between the two parties does not categorize it as “domestic.”
If you face domestic violence charges, there will be serious consequences if you get an adverse outcome at trial. Your best course of action is to exercise your right to remain silent and your right to counsel. Speak to an experienced Sanford domestic violence lawyer at once. We understand that arguments between family members can occur and might escalate quickly. We take the time to understand the facts of your domestic violence case and present a vigorous defense. Contact us today for a free case evaluation.
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