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.
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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:
- 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:
- Aggravated assault
- Aggravated battery
- Sexual battery
- Aggravated stalking
- 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:
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:
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!