Federal Domestic Violence Lawyers in Miami

Qualifying Domestic Violence Misdemeanors

The U.S. Attorney’s Office may pursue federal charges against you if you are accused of possessing a firearm or ammunition after a “qualifying” misdemeanor domestic violence conviction, which may include domestic violence using physical force or threatened use of a deadly weapon. The penalty for possessing a firearm or ammunition in violation of a protective order or after a qualifying misdemeanor domestic violence conviction is a maximum of 10 years in prison.

Penalties for VAWA Violations

If you are convicted of federal domestic violence under VAWA, you may face a maximum federal prison sentence of five years to life, depending on the severity of injury experienced by the victim. Additionally, you may be required to pay restitution.

Victim Restitution in Federal Domestic Violence Cases

In addition to imprisonment and fines, you could face the mandatory payment of victim restitution if you are convicted of domestic violence in federal court. This is yet another reason to exercise your right to an attorney as quickly as possible. Along with your freedom, your financial security may be at stake.

A federal domestic violence conviction may include mandatory victim restitution for:

Can You Expunge a Domestic Violence Conviction from Your Criminal Record?

In Florida, whether you can expunge a domestic violence conviction largely depends on the nature of the charge and your criminal history. Generally, felony domestic violence convictions are not eligible for expungement. However, certain misdemeanor convictions may be eligible if specific criteria are met, such as completing a court-ordered rehabilitation program and having no prior criminal convictions. If you wish to seek an expungement, you must file a petition with the court and provide evidence that all conditions have been satisfied.

At the federal level, expungement of domestic violence convictions is typically more complex and, in many cases, not permissible. Federal law does not provide a straightforward process for expunging criminal records, as seen in many state jurisdictions. However, individuals may seek to have their federal convictions overturned through appeals or post-conviction relief under specific circumstances. 

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. 

Potential Defense Strategies for Federal Domestic Violence Charges

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. Our federal domestic violence attorneys in Miami may pursue one or more of the following approaches:

• Lack of evidence. The 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.
• Self-defense. We 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.
• False allegations. Unfortunately, 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.
• Consent. In 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.
• 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.

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.