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Domestic Violence Over 10,000 Criminal Cases Dismissed Since 1982

Domestic Violence Attorney Miami

Defense for Domestic Abuse Charges in Miami-Dade County, FL

Domestic violence refers to violence that is committed against a family member. It can be against a spouse, a relative, or another individual who forms cohabitation in one household with the alleged offender. The state also classifies violence between parties of a current or past dating relationship as domestic violence.

Restraining orders can be placed against the offender to prevent him or her from coming near to the alleged victim. In the state of Florida, those who are charged with any form of domestic abuse will need the help of an experienced Miami domestic violence attorney. We at Beckham Solis, Attorneys at Law are prepared to help.

Work with a team that has over 35+ years of collective experience - contact our firm today!

Domestic Violence Law in Florida

Under Fla. Stat. § 741.28, causing or attempting to cause physical injury or death to a family or household member constitutes domestic violence in Florida.

A family or household member includes:

  • Spouse
  • Former spouse
  • Blood relative
  • Relative by marriage
  • People currently or previously living together as a family
  • People who have a child together (regardless of whether they are married)

Domestic violence is not a separate offense. Instead, it is an enhancement attached to crimes enumerated in Florida’s statutes.

The law provides that any of the following can be charged as domestic violence:

  • Assault
  • Aggravated assault
  • Battery
  • Aggravated battery
  • Sexual battery
  • Stalking
  • Aggravated stalking
  • Kidnapping
  • False imprisonment
  • Any other offense that can cause harm to a family or household member

Domestic Violence Penalties in Florida

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.

Conviction penalties for crimes that can be charged as domestic violence offenses under Fla. Stat. § 741.28, include but are not limited to:

  • Assault:
    • Up to 60 days of incarceration
    • Up to $500 in fines
  • Aggravated assault:
    • Up to 5 years of incarceration
    • Up to $5,000 in fines
  • Battery:
    • Up to 1 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 1 year of incarceration
    • Up to $1,000 in fines
  • Aggravated stalking:
    • Up to 5 years of incarceration
    • Up to $5,000 in fines
  • Kidnapping:
    • Up to 30 years of incarceration
    • Up to $10,000 in fines
  • False imprisonment:
    • Up to 5 years of incarceration
    • Up to $5,000 in fines

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.

Domestic violence-specific penalties include:

  • Minimum 1 year of probation
  • Completion of a batterers’ intervention program
  • When the violation involves intentionally causing bodily harm:
    • Minimum of 10 days in jail (first offense)
    • Minimum of 15 days in jail (second offense)
    • Minimum of 20 days in jail (third or subsequent offense)
  • 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)
    • Minimum of 20 days in jail (second offense)
    • Minimum of 30 days in jail (third or subsequent offense)

Protect Your Rights - Call Our Miami Office Today!

At Beckham Solis, Attorneys at Law, we are committed to speaking with the defendant to fully understand his or her situation. During a free case evaluation, we can discuss the possible defenses available and prepare a solid case on your behalf. We may be able to prove that you were acting in your own self-defense to pursue a reduction or dismissal of charges.

In many circumstances, false testimony can lead to a domestic violence charge. No matter the situation, speak with our firm to learn how our Miami domestic violence lawyers can benefit you!

Unprecedented Results

Recent Case Results
  • Aggravated Assault w/ Deadly Weapon, Domestic Violence, and Child Abuse - Case Dismissed Case: F20-9250 | 2021
  • Sexual Battery Helpless Victim and Engaging in Familial Sex – Charges Dismissed Case: F20-2740 | 2020
  • DUI & Resisting Officer with Violence – Charges Dropped Case: F17-010835 | 2017
  • 3rd Degree Felony Drug Charges Case: F19-7633 | 2019
  • Felony Battery on Police Officer and Resisting Arrest – Charges Dismissed Case: F19-17661 | 2020
  • Felony Drug Charges - Charges Dismissed Case: F18-9310 | 2018
  • Felony Driving with a Suspended License – Charges Dismissed Case: F20-6992 | 2020
  • Felony Drug Possession - Case Dismissed Case: F20-016270 | 2021
  • Felony Exploitation - Case Dismissed Case: F19-19260 | 2021
  • Shoplifting - Charges Dismissed Case B08-13644 | 2008
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