Federal Domestic Violence Lawyers in Miami
Experienced Defense Attorneys Fighting to Protect Your Interests
Most domestic violence cases are handled by local authorities, but there are some situations where federal agencies and prosecutors may get involved. The Violence Against Women Act (VAWA) of 1994 and subsequent additions to the act recognize domestic violence as a national crime and allow for the involvement of federal resources to help overburdened local and state criminal justice systems. Federal domestic violence charges tend to involve crossed state lines, crossed national borders, or violations of the federal Gun Control Act.
If you have been accused of harming or attempting to harm a spouse, ex-spouse, romantic partner, family member, or any other person protected by domestic violence laws, our experienced team is here to help. Our federal domestic violence attorneys in Miami have over 35 years of combined legal experience and can aggressively defend against domestic abuse allegations. This includes federal domestic violence charges, which require the unique skills and experience possessed by our federal defense lawyers.
To learn more, we encourage you to call (786) 244-8010 or contact us online. Your initial consultation with Beckham Law Firm is free and confidential.
When Is Domestic Violence Charged as a Federal Crime?
Domestic violence can escalate to the level of a federal crime under specific circumstances, particularly when it involves certain federal jurisdictions or elements. For example, if the victim or perpetrator crosses state lines during the commission of the crime, it may be prosecuted under federal law.
More specifically, domestic violence may be prosecuted as a federal offense if any of the following conditions apply to the case:
- Possession of a firearm/ammunition in violation of a protective order: 18 U.S.C. § 922(g)(8)
- Possession of a firearm/ammunition after a qualifying misdemeanor domestic violence conviction: 18 U.S.C. § 922(g)(9)
- Crossing state lines or foreign borders to commit or attempt to commit domestic violence: 18 U.S.C. §2261
- Crossing state lines or national borders to violate a protective order: 18 U.S.C. §2262
- Cyberstalking or stalking/harassment by mail: 18 U.S.C. §2261A
What Is Considered Domestic Violence under Florida and Federal Law?
In Florida, domestic violence is defined under state law as any assault, aggravated assault, battery, aggravated battery, sexual assault, stalking, aggravated stalking, or any criminal offense resulting in physical injury or death of one family or household member by another. Specific relationships qualify for protection, including those between spouses, former spouses, individuals who are currently or were once living together, and parents with a child in common, among others. The law emphasizes not only physical abuse but also emotional and psychological abuse, which can include verbal threats, coercive behavior, and intimidation.
Under federal law, the definition of domestic violence broadens to encompass various forms of violence between intimate partners or family members, focusing significantly on the criminalization of acts that cross state lines or involve federal jurisdictions. VAWA specifically illustrates this by increasing protections for victims and outlining federal crimes, including those that involve assault with a firearm or violations of protection orders across state lines.
Any type of domestic violence allegation is extremely serious and warrants an immediate conversation with a criminal defense attorney. Our federal domestic violence lawyers in Miami can help you understand your rights and legal options if you are facing these charges.
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Lack of EvidenceThe prosecution must prove your guilt beyond a reasonable doubt. Depending on the situation, we could argue that the prosecution has failed to provide sufficient proof of the alleged act. Highlighting inconsistencies in witness testimonies or the absence of physical evidence can strengthen this approach.
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Self-DefenseWe could argue you acted in self-defense if it is possible to demonstrate that your actions were a necessary response to an imminent threat. This defense requires showing that the force you used was proportionate to the threat you faced and that you genuinely believed you or someone else was in danger.
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False AllegationsUnfortunately, some domestic violence allegations are fabricated. If you know you have been falsely accused, we may work to establish a motive for your accuser to fabricate the incident, such as jealousy, revenge, or a desire for financial gain.
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ConsentIn some instances, particularly involving intimate partners, we may argue that the actions in question were consensual. This strategy hinges upon demonstrating that both parties engaged willingly in the actions cited in the allegations.
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Violation of Rights
If law enforcement violated your rights during the investigation or arrest – such as through unlawful searches, failure to provide Miranda rights, or coerced confessions – the improperly obtained evidence could be deemed inadmissible in court. As a result, the prosecution may struggle to build a solid case against you.
Potential Defense Strategies for Federal Domestic Violence Charges
Our federal domestic violence attorneys in Miami may pursue one or more of the following approaches:
When facing federal domestic violence charges, we can explore several potential defense
strategies. The available defenses will depend on the specific facts of your case.
Why Partner with Beckham Law Firm?
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Distinguished ReputationOur reputation is backed by numerous awards and recognitions.
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Comprehensive Team ApproachWe give you the benefit of three accomplished attorneys.
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35 Years of Combined ExperienceOur team will help you get the results you deserve.
Stay In The Know
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Can You Fight a Domestic Violence Charge? -
Can Domestic Violence Charges Be Dropped? -
What Constitutes an Act of Domestic Violence?
You Deserve Aggressive Legal Advocacy When Facing Federal Domestic Violence Charges
At Beckham Law Firm, we understand just how serious federal domestic violence charges can be. Hire a team that knows how to build a compelling case that can tell your side of the story. Domestic violence cases often come down to minor details and he-said, she-said situations. A conviction should not be based on the testimony of a witness who may be acting out of anger, revenge, or jealousy. We can look for ways to effectively challenge such charges or mitigate penalties to protect your future.
Contact our federal domestic violence lawyers in Miami online or by calling (786) 244-8010. We’re ready to help!
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"They fought to be sure my side was heard and that I was treated fairly."The Beckham Law Firm has been a tremendous help with my case. I cannot thank their team enough for the time, attention, and understanding with my case. Forever grateful for their help with case. Truly a phenomenal team!- Shannon F.
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