A charge for spousal abuse, family violence, or any other offense qualifying as domestic violence can severely impact your liberties and lead to prison time and steep fines. The worst part is that domestic violence accusations are not always true.
Your charge is largely opinion-based, meaning your future relies heavily upon the word of your accuser. What if you are undergoing a messy divorce that your accuser didn’t want? Or what if your accuser has a history of lying and exaggerating the truth?
We will expose every flaw and inconsistency needed to convince the jury that you’re innocent. When your future and livelihood are at stake, we don’t mess around. Domestic violence is not treated lightly in the state of Florida. It takes our caring and fierce lawyers who understand both sides of the law to better overcome your charge.
Have you been accused of domestic violence? Call McLaughlin Morris Law today at (561) 404-0529 or contact us online to schedule a free consultation with our Delray Beach domestic violence attorney!
What Is Domestic Violence?
Domestic violence is a criminal offense in which one causes or threatens to harm a family or household member. “Family or household member” includes:
- Spouses
- Former spouses
- Persons related by blood or marriage
- Persons who are presently residing together as if a family or who have resided together in the past as if a family
- Persons who have a child in common, regardless of whether they have been married or have resided together at any time
Families fight. People get under each other’s skin and disagree all the time. That doesn’t mean you are guilty of domestic violence. Our defense lawyers are committed to telling your side of the story in a strategic, compelling way so that the jury can better understand the truth.
Common Types of Domestic Violence
Domestic violence takes the shape and form of offenses that inflict harm on others. The difference between domestic violence and the below offenses is who the victim is and under what circumstances the act was committed:
Assault: An individual commits an act violently or threatens to act violently towards a family or household member, and the alleged victim has a reasonable fear that violence will occur.
- Second-degree misdemeanor punishable by up to 60 days in jail and/or a fine of up to $500
- Can be upgraded to aggravated assault if a deadly weapon was used, which is a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000
Battery: An individual touches a family or household member with the intent to injure the person.
- First-degree misdemeanor punishable by a jail sentence of up to one year and/or a fine of up to $1,000
- Can be upgraded to aggravated battery if a deadly weapon was used during the commission of the offense, which is a second-degree felony punishable by up to 15 years of imprisonment and/or a fine of up to $10,000
Domestic Battery by Strangulation: An individual prevents or obstructs the breathing of a family or household member.
- This offense is usually charged as a third-degree felony punishable by a maximum of five years in prison and/or a fine of up to $5,000
Stalking: An individual repeatedly and intentionally harasses or cyberstalks a family or household member.
- First-degree misdemeanor punishable by a jail sentence of up to one year and/or a fine of up to $1,000
- Can be upgraded to aggravated stalking if the alleged victim is stalked in a way that causes reason to believe he or she is in danger of serious injury or death; this is a third-degree felony punishable by a maximum of five years in prison and/or a fine of up to $5,000
Violation of restraining order: An individual willfully violates an injunction for protection against domestic violence.
- First-degree misdemeanor punishable by a jail sentence of up to one year and/or a fine of up to $1,000
The severity of the penalties increases with the severity of the crime. If you have been accused of domestic abuse, it is in your best interest to contact our defense attorney immediately following your arrest.
First-Time Domestic Violence Charge in Florida
If this is your first offense, then the above charges will apply to you; you will most likely be looking at a first or second-degree misdemeanor.
Subsequent Domestic Violence Charges
For a second domestic violence charge, you will most likely be automatically charged with a felony. If you’re convicted, you will face prison time.
One exception is a violation of restraining order, where you can be charged as a third-degree felony if two or more prior convictions for violating an injunction protection order occur. This is punishable by a maximum of five years in prison and/or a fine of up to $5,000.
Defending Against Domestic Violence Charges
No domestic violence accusation is the same. Various factors come into play when determining the appropriate defense strategies for your case.
As such, we take a highly personal approach to your domestic violence accusations; you will work face-to-face with our lawyers so you can fully understand how we plan to strategize your defense. You will never feel alone or left “in the dark.”
The strategies below can set the foundation for your defense, and we’ll build on them from there:
- Self-defense
- False allegations
- Lack of evidence
- Defective police investigation
- Accident
- No crime occurred
You can count on us to treat you with the compassion and attention you deserve because we genuinely want the best for you: We don’t win unless you do.
Contact Our Domestic Violence Attorney in Delray Beach Today
If you’re facing charges, our Delray Beach domestic violence defense lawyer can advocate for you. We have years of experience fighting for justice and understand how the other side of the courtroom works. One of our attorneys even served as a former prosecutor, which means we know what to expect from the attacking side and can prepare accordingly. Trust us to put our knowledge to work in fighting for you.
Contact McLaughlin Morris Law today to get started on your defense with our Delray Beach domestic violence lawyers.
