Ave Maria Domestic Violence Defense Lawyer

Ave Maria Domestic Violence Defense Attorney

Accusations of domestic violence can seriously damage the reputation and livelihood of the defendant. Consequences of criminal charges can include jail time, restraining orders, fines, and other punitive measures. If you are charged with committing domestic violence, the Law Office of Donald P. Day can represent you. Our Ave Maria domestic violence defense lawyer has experience fighting for the rights of clients in our community.

Regardless of the circumstances of your criminal charges, you can improve the chances of a positive resolution to your case by working with our skilled law firm. Let our lawyers work on your behalf so you can focus on your personal affairs.

What Constitutes a Criminal Act of Domestic Abuse?

Domestic violence, alternately known as intimate partner violence, is an umbrella term that encompasses criminal acts that inflict physical or emotional harm on a family or household member. A range of criminal acts (such as battery, assault, sexual assault, and kidnapping) can be considered incidents of domestic violence when family members or romantic partners are involved.

The penalties for domestic violence convictions can range from probation and fines to jail or even prison sentences. Courts consider factors like the number of occurrences, level of violence, and use of or threat of use of a weapon. The defendant’s criminal history is also a factor that could determine what charges are brought or what sentence is given if a guilty verdict is returned.

Threats of violence could lead to a maximum sentence of 60 days in jail, while domestic battery, a first-degree misdemeanor, carries the potential of a maximum of one year in jail. When the use of a legal weapon, substantial physical harm to the victim, or other aggravating factors are involved, the charges can be elevated to felonies. Third-degree felonies carry a maximum punishment of five years in jail, while a first-degree felony can lead to 30 years of confinement in a state correctional facility.

It is important to remember that few defendants are sentenced to the maximum allowable jail or prison sentence, and those penalties only apply to persons found to be guilty. The justice system looks at the totality of factors when determining a sentence. You can potentially have your charges reduced through the work of an experienced Florida defense attorney.

Common Defenses Against Domestic Violence Accusations

The first responsibility of your Ave Maria defense attorney is to carefully analyze the evidence related to your case. Your lawyer will also speak with any witnesses to the alleged crime. These steps must be taken quickly, which is why hiring an attorney for these types of cases should be considered an urgent matter. Evidence can disappear or erode, and witnesses may forget important details that can help your case in Ave Maria, FL.

Each case is unique, but there are several common defenses that your defense attorney can argue on your behalf. Some of these potential defenses include:

• False Claim. Depending on the facts of your case, your defense attorney may be able to show that the victim had ulterior motivations. Ex-partners may try to exaggerate the nature and extent of an accident to criminalize the actions of a former partner. This is where an experienced defense attorney can work to find inconsistencies in the victim’s written and verbal statements. Witness testimony or video footage can later show that an alleged attack wasn’t malicious.
• Accidental Injury. Another potential defense could be findings that the offense was unintentional. When two people live together for a long period of time, accidents are inevitable, including ones that involve both parties. Accidentally causing an injury cannot be ruled as domestic violence because the action lacks intent.
• Self Defense. Some defendants are charged with domestic violence when they were, in fact, acting in self-defense. If one party is being physically attacked and pushes the other partner away to create space, the person who was pushed could attempt to claim they were attacked. The circumstances of the physical altercation matter, though, although it can take time and investigatory work for the accused party to prove self-defense.

FAQs

Q: How Much Does a Defense Lawyer Cost in Florida?

A: Attorney fees vary widely by location and legal concentration. Many attorneys charge a few hundred dollars per hour, and the most experienced lawyers charge on the upper end of that scale. They have developed the experience to successfully represent clients in court. Price should be only one of many factors you consider when looking for someone to defend your domestic violence case.

Q: Can Battery Charges Be Dropped in Florida?

A: If the evidence shows that the defendant did not commit the crime, the courts have an obligation to consider dropping charges. Ideally, they would do this every time, but some prosecutors may opt to only lower charges. If the facts of your case show that you are innocent, your attorney will fight to have the charges dropped or to seek exoneration through a trial.

Q: How Long Will My Case Take to Resolve?

A: Criminal cases take anywhere from several months to a year or even longer to resolve. Both prosecutors and defense attorneys require time to research and investigate individual cases. If your case goes to trial, that can add considerably to the timeline for resolving your case. While defendants are often eager to move on with their lives, preparing a strong defense requires time and diligence.

Q: What Is the Most Valuable Tool for Defense Attorneys?

A: Easily, the most valuable tool for any defense attorney in Ave Maria is experience. What all attorneys generally share is an understanding of the law and how it is applied. Experience, however, can make the difference between a good and a great lawyer. One of the first questions a defendant should ask a prospective lawyer is how many years they have practiced law as a criminal defense attorney.

Work With an Experienced Domestic Violence Defense Lawyer

Facing domestic violence charges can be stressful and upsetting. Domestic violence charges are often based on testimony and sometimes weak evidence. With the right legal defense team behind you, you can present a strong case that supports the fact that you did not commit the crime you are charged with, or that circumstances merit lowering the charge and punishment. Don’t wait to begin your legal defense. Call our office today to schedule your consultation.