What To Expect After a Domestic Violence Arrest in Miami
After a domestic violence arrest in Miami-Dade County, your case typically moves quickly through several stages, and understanding this process can reduce a lot of uncertainty. Most people are first taken to a local jail facility, such as the Turner Guilford Knight Correctional Center, where they are booked and held until a bond hearing or first appearance. During this time, law enforcement forwards reports and evidence to the State Attorney's Office, which decides what charges to file and whether to proceed with the case.
At your initial appearance in Miami-Dade County Court, a judge will address bond, release conditions, and any no-contact orders that may affect where you can live and who you can speak to. This is often the moment when a domestic violence attorney in Miami can begin advocating for more reasonable conditions, such as modified contact with family members or lower bond. After that hearing, the case may proceed through arraignment, pretrial conferences, motion hearings, and, in some situations, a trial in front of a judge or jury.
Throughout this process, deadlines come quickly and there are important decisions to make about whether to file certain motions, seek negotiations, or prepare for trial. The prosecutor may speak with the alleged victim, review medical records, and evaluate any 911 recordings or body camera footage from the responding officers. By working closely with a Miami Domestic Violence Lawyer who understands how cases move through the Miami-Dade courts, you can better evaluate your options, avoid missteps, and make informed choices about how to move forward.
Injunction for Protection in Florida
In Florida, when one family or household member is abused by another family or household member, the alleged victim may seek an "injunction for protection" from a court. By law, a protective order, also known as a restraining order, can be implemented in cases of domestic violence, repeat violence, sexual violence, dating violence, and stalking.
Domestic violence is prosecuted in Florida in the same way as any other assault or battery case, in which the state must prove beyond a reasonable doubt that the defendant:
- Intentionally touched or struck the alleged victim against his or her will; or
- Intentionally caused bodily harm to the alleged victim; or
- Intentionally and unlawfully threatened, either by word or act, to do violence to the victim and, at the time, appeared to have the ability to carry out the threat; or the act of the defendant created in the mind of the alleged victim a well-founded fear that the violence was about to take place
What Are the Penalties for Domestic Violence in Florida?
A first-time domestic violence battery offense with no aggravating circumstances is usually charged as a first-degree misdemeanor in Florida, which is punishable by:
- Up to one year in jail
- A fine of up to $1,000
However, a more serious third-degree felony may be charged for crimes such as:
- Aggravated assault
- Domestic battery by strangulation
- False imprisonment
- Domestic violence battery (second or subsequent offense)
- Aggravated stalking
A third-degree felony is punishable by up to five years in prison and a fine of up to $5,000. Minimum and maximum penalties have been established for each type of domestic violence offense. Upon conviction, Florida Statutes § 741.283 mandates a minimum sentence of five days in jail for a domestic violence crime in which "bodily harm" was inflicted.
A more serious second-degree felony may be charged for crimes such as:
- Aggravated battery
- Aggravated battery on a pregnant female
A second-degree felony is punishable by up to 15 years in prison and a fine of up to $10,000. Minimum and maximum penalties have been established for each type of domestic violence offense. Upon conviction, § 741.283 of the Florida Statutes mandates a minimum sentence of five days in jail for a domestic violence crime in which "bodily harm" was inflicted.
In addition, anyone convicted or who pleads guilty to domestic violence must attend and complete a six-month batterers’ intervention program (BIP) at his or her own expense if the judge or jury found that the victim suffered any bodily harm.
Do I Need a Lawyer for a Domestic Violence Charge?
It is smart to consult with an experienced Miami criminal defense lawyer as soon as you are charged with domestic violence because the charge can have an effect on many other aspects of life, including:
- Without an attorney in a domestic violence case, you must appear before a judge before a bond amount is set, which means you could be in jail for a day or more before being released
- If you make your initial appearance before a judge without an attorney, a "no contact" provision may be a condition of your release, which means that you may not lawfully return to your home, see your children, or communicate with the alleged victim until this condition is lifted by the court
- Probation and community service may be required
- The court may require counseling or some other form of treatment for a violent person
- A person convicted of domestic violence will be banned for life from owning a gun
- Even if you plead "no contest" and receive a "withhold of adjudication" on either a misdemeanor or felony charge of domestic violence, you will never be able to seal your criminal record, which means that anyone, including friends and employers, can find details about your arrest and prosecution on a law enforcement, court, or private website
- The arrest, prosecution, or conviction for domestic violence can be cited and used against you in a divorce, family law, or child-sharing (child custody) hearing
- If you are not a United States citizen, a domestic violence conviction may result in your removal from the U.S. and other immigration consequences
Can Someone Drop Domestic Violence Charges in Florida?
In Florida, it is ultimately up to the prosecutor to decide whether to pursue charges in a domestic violence case. The victim does not have the power to drop charges.
However, in some cases, the prosecutor may consider the victim's wishes when deciding whether to proceed. The prosecutor may consider the victim's willingness to testify and cooperate with the prosecution, the severity of the alleged abuse, the defendant's criminal history, and other relevant factors.
It's important to note that domestic violence is a serious crime and should not be taken lightly. If you have been accused of domestic violence, you should seek help and support from a Miami domestic violence attorney as soon as possible.
Florida’s “Stand Your Ground” Law
The controversial "Castle Doctrine" became a law in Florida on March 23, 2005. The “Castle Doctrine” (Florida Statutes, § 776.013) provides for the justifiable use of force by proclaiming that a man's (or woman's) home is his (or her) castle and that he (or she) need not retreat from his or her home if attacked in the home.
- The “Castle Doctrine” incorporates another controversial law, Florida's “Stand Your Ground” law. Under the “Stand Your Ground” law, a person has no duty to retreat from his or her home, dwelling, or vehicle if he or she is not engaged in criminal activity and occupies a place where he or she has a right to occupy. These laws are often relevant in domestic violence cases and may be a basis for defending domestic violence charges.
- Under F.S. § 776.012(1), a person is justified in using force against another if he or she reasonably believes that such force is necessary to defend himself or herself against the other’s imminent use of unlawful force. There is no duty to retreat prior to using such force.
- Under F.S. § 776.012(2), a person is justified in using deadly force if he or she reasonably believes that using such force is necessary to prevent imminent death or great bodily harm or to prevent the imminent commission of a forcible felony. There is no duty to retreat and a person has the right to stand his or her ground so long as that person using deadly force is not engaged in a criminal activity and is in a place where he or she has the right to be.
- Under Florida’s “Stand Your Ground” law, a domestic violence defendant may claim self-defense at trial. In addition, anyone who claims self-defense under this law may file a “motion to dismiss based on statutory immunity” before trial, which may result in a pretrial dismissal. In any potential self-defense case, it is wise to have an experienced attorney evaluate the facts of the case to determine eligibility for a motion to dismiss based on the “Stand Your Ground” law.
Understanding Your Legal Rights in a Domestic Violence Case
Dealing with a domestic violence case can be overwhelming, and it's important to understand your legal rights and options. Our experienced Miami domestic violence lawyers are here to provide guidance and representation throughout the legal process. Whether you are facing false accusations or need protection from an abusive situation, we can help you navigate the complexities of domestic violence law in Florida.
Key aspects of your legal rights in a domestic violence case include:
- Understanding the charges against you
- Understanding the definition of domestic violence in Florida
- Knowing your options for an injunction for protection
- Being aware of the potential penalties for domestic violence in Florida
- Understanding the "stand your ground" law and how it may apply to your case
- Exploring defense strategies and options
- Navigating the injunction for protection process
- Seeking to have charges dropped or reduced
- Advocating for your rights in court
It's crucial to have a knowledgeable and compassionate legal team on your side to protect your rights and work toward a favorable outcome. Contact our Miami domestic violence attorneys today to schedule a consultation and discuss your domestic violence case with our dedicated attorneys.
Defenses for Domestic Violence in Miami
It can be overwhelming to face domestic violence charges in Miami, but a skilled attorney can use several defenses to fight them.
Common defenses include:
- Self-Defense: If you acted to protect yourself from imminent harm, self-defense may be a valid defense. In Florida, you are allowed to use reasonable force to defend yourself or others from an immediate threat.
- False Allegations: Often times, domestic violence accusations are exaggerated or false due to personal motives, such as gaining an advantage in child custody or divorce proceedings. Your attorney can investigate the evidence and challenge the credibility of the accuser.
- Lack of Evidence: The prosecution must prove the case beyond a reasonable doubt. An insufficient amount of evidence or unreliable witness statements, for example, can lead to a dismissal argument by the defense.
- Mutual Combat: If both parties were involved in the altercation, it may be argued that each person shares responsibility, potentially leading to reduced charges or dismissal.
By hiring an experienced Miami domestic violence attorney, you can build a strong defense and work toward the best possible outcome in your case.
Why Choose Hubbs Law in Miami for Your Domestic Violence Case?
When facing the complexities of a domestic violence case, having the right legal representation can make all the difference. At Hubbs Law, P.A., we understand the emotional and legal challenges that accompany these situations. Our dedicated team of experienced attorneys is committed to providing personalized support and aggressive defense strategies tailored to your unique circumstances.
Here are several reasons why choosing Hubbs Law is a smart decision for your domestic violence case:
- Compassionate Guidance: We recognize that domestic violence cases can be emotionally taxing. Our attorneys are here to listen to your concerns and provide compassionate guidance throughout the legal process.
- Expert Legal Knowledge: Our team stays updated on the latest laws and regulations regarding domestic violence in Florida, ensuring that you receive the most informed advice and representation.
- Tailored Defense Strategies: We take the time to understand the specifics of your case, crafting a defense strategy that addresses your individual needs and circumstances.
- Strong Advocacy: Our attorneys are skilled negotiators and fierce advocates in the courtroom, ready to fight for your rights and protect your future.
- Comprehensive Resources: We provide access to various resources, including counseling services and support groups, to help you navigate this challenging time.
Don't face your domestic violence charges alone. Let Hubbs Law, P.A. be your trusted partner in this journey. Contact us today for a confidential consultation and take the first step toward reclaiming your peace of mind.
Contact Our Miami Domestic Violence Attorneys Today
If you are facing domestic violence charges in Florida, do not hesitate to contact our domestic violence lawyers in Miami. We represent clients throughout Miami-Dade County and the surrounding areas, including those in Miami Beach, Hialeah, Miami Gardens, Kendall, Fontainebleau, Homestead, Doral and South Miami, as well as other cities and communities in the Greater Miami area.
Contact Hubbs Law, P.A. online or call (305) 570-4802 today to get started with our Miami domestic violence lawyer.
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