Domestic Violence Attorneys in Miami

Domestic Violence Penalties In Florida

Under Fla. Stat. § 741.28, domestic violence occurs when a person commits a crime that can or does result in bodily injury to their family or household member. Depending on the offense committed, a conviction for domestic violence in Florida carries a range of penalties. Additionally, the court must impose mandatory minimum sentences based on the facts of the case.

Assault

• Up to 60 days of incarceration
• Up to $500 in fines

Aggravated Assault

• Up to five years of incarceration
• Up to $5,000 in fines

Battery

• Up to one year of incarceration
• Up to $1,000 in fines

Aggravated Battery

• Up to 15 years of incarceration
• Up to $10,000 in fines

Sexual Battery

• Up to 30 years of incarceration
• Up to $10,000 in fines

Stalking

• Up to one year of incarceration
• Up to $1,000 in fines

Aggravated Stalking

• Up to five years of incarceration
• Up to $5,000 in fines

Kidnapping

• Up to 30 years of incarceration
• Up to $10,000 in fines

False Impisonment

• Up to five years of incarceration
• Up to $5,000 in fines

Penalties for Crimes Charged as Domestic Violence Offenses

The penalties listed above are those associated with the underlying crime. The court can also impose specific punishments upon a domestic violence conviction because the offense involved a family or household member. Penalties often reflect the seriousness of the offense and the impact on the victim, taking into consideration whether there were any previous charges or a history of domestic violence.

• Domestic violence-specific penalties include:
  • Minimum one year of probation, which often comes with strict conditions meant to deter future offenses.
  • Completion of a batterers’ intervention program designed to educate and rehabilitate offenders.
• When the violation involves intentionally causing bodily harm:
  • Minimum of 10 days in jail (first offense), highlighting the state's firm stance against first-time domestic violence offenders.
  • Minimum of 15 days in jail (second offense), reflecting increased penalties for repeated offenses.
  • Minimum of 20 days in jail (third or subsequent offense), indicating the severity seen by repeated violations.
• When the violation involves intentionally causing bodily harm in the presence of a minor under 16 years of age:
  • Minimum of 15 days in jail (first offense), underscoring how offenses committed in front of minors are treated more severely.
  • Minimum of 20 days in jail (second offense), emphasizing the protection of children within the household.
  • Minimum of 30 days in jail (third or subsequent offense), an indication of increased penalties to protect minors and deter habitual offenders.

The Immediate Crisis: Intervention at First Appearance

In Miami-Dade County, an arrest for domestic violence prevents the accused from bonding out of jail until they see a judge at the First Appearance Hearing (within 24 to 48 hours). This hearing is critical for two reasons:

• Bond Setting: The judge determines your release conditions. We argue for the lowest possible bond to secure your rapid release.
• No Contact Order: The judge is required to impose a mandatory No Contact Order (NCO) as a condition of your release. This order can prohibit you from returning to your home, contacting the alleged victim (even if they recant), or seeing your children.

Our firm is available 24/7 to intervene at this crucial initial hearing. Having domestic violence attorneys in Miami present can mean the difference between remaining in custody with severe restrictions and securing favorable release terms that allow you to challenge the NCO.

Our Strategic Defense Advantage: Former Prosecutors

Beckham Law Firm's success against domestic violence charges stems from our unique insight: we are former prosecutors. We know the evidence standards, witness preparation, and negotiation leverage points that the Miami prosecutors use, enabling us to anticipate their strategy and attack their case from a position of authority.

Defense strategies leveraging our experience:

• Challenging Witness Credibility: We use our knowledge of discovery and evidence to expose inconsistent statements by the accuser, especially where there are motives for retaliation (divorce, custody, financial leverage).
• Motion to Reverse No Contact Order: We immediately file motions to modify or terminate the No Contact Order, presenting evidence that the order is unnecessary or based on false assumptions, allowing you to return home.
• Seeking Deferred Prosecution: For first-time offenders, we aggressively negotiate for a Deferred Prosecution Agreement (DPA), which allows for the dismissal of charges upon successful completion of certain conditions (like counseling), ultimately protecting your criminal record.
• Firearms Rights Defense: Since a conviction for misdemeanor domestic violence battery leads to the permanent loss of your federal right to own a firearm, we fight aggressively to prevent conviction, offering guidance to gun owners throughout the process.

Protect Your Rights – Call Our Miami Criminal Defense Office Today

At Beckham Law Firm, we are committed to speaking with defendants to fully understand their situation. During a free case evaluation, we can discuss the possible defenses available and prepare a solid case on your behalf. 

Our approach includes examining all evidence, interviewing witnesses, and consulting with legal experts to present a comprehensive defense. We may be able to prove that you were acting in your own self-defense to pursue a reduction or dismissal of charges. This includes reviewing police reports and identifying any procedural errors that may assist in your defense.