Providing Criminal Defense Services to Clients Accused of Domestic Violence
Panella Law Firm Accepts Cases Throughout Florida
Recent statistics show that over 108,000 domestic abuse cases are reported to Florida police each year. In this state, the legal system moves swiftly to investigate and prosecute domestic violence allegations to protect victims. However, not every domestic violence accusation by an alleged victim is accurate or fair, which is why you deserve criminal defense help from skilled domestic violence lawyers.
Courts in Florida do not take domestic violence assault charges lightly. A domestic violence conviction can carry significant criminal penalties, including jail time and fines. It can also negatively affect child custody and shared property in a divorce, so you owe it to yourself to get legal help. If you are charged with a domestic violence offense in Florida, a domestic violence defense lawyer at Panella Law Firm can protect your rights. If you’re ready to work with a legal team to clear your name, contact our Central Florida law office for a free consultation.
What Is Considered Domestic Violence in Florida?
It’s critical that you understand what your domestic violence charges mean before you and your lawyer develop a defense strategy. First, you should know who can be considered a victim of domestic violence according to Florida courts.
It is a common misconception that domestic violence only occurs between partners in a marriage. The description of domestic violence in Florida is considerably broader. Under Fla. Stat. 741.28– 741.31, domestic violence is defined as violence committed by a family or household member against another family or household member, including:
- Current or former spouses
- Persons related by blood or marriage
- Persons currently or formerly residing together
- Parents who have a child in common
This means you must have had a close relationship with someone, lived with them, or be related for them to accuse you of domestic violence. Of course, they must have evidence that you caused a physical injury in some way. Some specific acts qualify as domestic violence, and our Orlando domestic violence lawyers can defend you against all of them. These include:
- Assault and aggravated assault
- Battery and aggravated battery
- Sexual assault and sexual battery
- Stalking and aggravated stalking
- Kidnapping
- Child abuse
- False imprisonment
As you might imagine, being accused of sexual assault, aggravated assault, sexual violence, false imprisonment, and other crimes against family members and household members can affect several aspects of your life. Not only can you get jail time and fines if convicted, but you could also lose your career and damage your relationships with other family members.
Even if you’re cleared of domestic violence charges, you could still suffer lifelong consequences that include damage to your reputation. This is why it’s important to have experienced Orlando domestic violence defense lawyers in your corner. The team at Panella Law Firm can give you the best defense against charges brought on by a family or household member.
Of course, we want to ensure everyone is safe from harm, whether that includes bodily harm or legal penalties. Anyone in the Florida area who has experienced domestic violence by a member of the family or household member and wants to take precautions against further domestic abuse should speak with one of our domestic violence attorneys.
We care about victims of domestic abuse and can provide resources to ensure they’re safe. We also care about clients dealing with false allegations of domestic violence and will provide legal help as their domestic violence case moves through the criminal justice system. Contact us if you have questions or concerns about domestic violence in Central Florida.
What Are the Penalties for a Domestic Violence Conviction in Florida?
Just being charged with domestic violence in Florida can have significant consequences. Domestic violence charges cannot be expunged from your record, so even if you were acquitted, they would remain on your criminal record forever. This is not only humiliating but can also affect your ability to work in certain industries or maintain relationships with people who heard about your alleged criminal offense. It can also affect future child custody disputes, meaning you could lose time with your children if you’re falsely accused of causing physical injury to family or household members.
If convicted of domestic violence charges in Central Florida, the consequences are even worse. The penalties depend on many factors, such as whether you’re found guilty of domestic violence battery, aggravated assault, sexual battery, aggravated stalking, or other crimes. However, the penalties for this criminal offense often include at least five days in a county jail or Florida state prison, along with community service. You typically must also complete a Batterers Intervention Program of between 26 and 29 weeks.
If you’re convicted of a misdemeanor domestic violence charge, your maximum sentence could range from 60 days to one year. In particular, first-degree misdemeanors are punishable by up to a year in jail and a $1,000 fine. A second-degree misdemeanor is punishable by up to 60 days in prison and a $500 fine.
Felony domestic violence charges have more serious penalties. They can include the following:
- A third-degree felony conviction may result in imprisonment for up to five years.
- A second-degree felony can bring imprisonment for up to fifteen years.
- A conviction for first-degree felonies that are not capital or life offenses brings up to 30 years in prison.
- Fines for felony convictions can be as high as $15,000.
The punishment for an Orlando domestic violence conviction is severe, so you have a lot to lose as you face charges for a criminal offense resulting in bodily injury to a household or family member. This is why you should never try to handle an Orlando domestic violence case alone. Let the skilled domestic violence lawyers at Panella Law Firm assist you.
We fully understand the severity of your criminal charges, as we regularly handle various domestic violence and criminal defense cases for Central Florida residents. We can provide guidance and fight for your rights whether you are a first-time or a repeat offender, so call us for a free consultation with caring Orlando domestic violence lawyers.
What Are Some Defense Angles to Use Against Orlando Domestic Violence Charges?
A multi-pronged strategy is typically employed while developing a successful defense to criminal charges. Conversely, domestic violence accusations in Florida are frequently brought with little proof. So this type of criminal defense case ultimately boils down to two parties’ words against one other. Never admit guilt or take a plea deal until you have spoken with an Orlando domestic violence attorney who can advise you of your rights and options.
The defenses our domestic violence defense lawyers use will depend on the circumstances of your situation, including the acts you are accused of, the available evidence, the resulting injuries, and the specific charges. For example, a threat of doing physical harm might be an assault charge, but if there was actual physical contact or injury, the charge might become a battery charge.
With certain aggravating factors, the charge may become aggravated assault or aggravated battery, felonies with more severe punishment. Any of these charges are serious, and our domestic violence defense attorneys, including a skilled battery defense attorney at Panella Law Firm, know how to mount a strong defense against each one on your behalf.
Common defenses for typical domestic battery charges include:
- Disputing the facts about the way the victim claims the incident happened
- Showing a lack of physical injury and lack of corroborating evidence
- Claiming self-defense, defense of others, or defense of property
- Showing that the victim was being vindictive
- Showing there was a consensual or mutual confrontation or combat
- Stand your ground defenses
These are just a few examples of defenses to your domestic violence charges. Our goal is to show that there is hope for your domestic violence case, no matter how serious your charges seem. We have seen it all and have defended clients from charges ranging from domestic battery to sexual violence, so we’re confident we can work toward a favorable outcome on your case. If a family or household member claims you intentionally caused bodily harm to them through domestic battery or related acts, contact us to start working on your defense strategy with a domestic violence lawyer.
What Should You Do After Being Arrested for Domestic Violence?
The most important action you can take after you’ve been accused of domestic violence is to start calling Orlando criminal defense lawyers. Otherwise, you could lose the chance to tell your side of the story and maintain your freedom. Even if you know you’ve been falsely accused of domestic abuse and shouldn’t be facing criminal charges, you need to be extremely careful after your arrest. Saying or doing the wrong thing can hurt your domestic violence case and make it harder to defend yourself against the accusations from the alleged victim.
As soon as you call Panella Law Firm, we can start fighting your domestic violence charges to get them dropped, amended, or diverted. Our domestic violence attorneys in Orlando can help by:
- Keeping you from making mistakes, such as incriminating yourself or accepting boilerplate offers
- Making early contact with Florida prosecutors to get information. This shows that you have an attorney to advocate for your cause and allows us to determine what factual defenses, legal issues, and mitigating circumstances may be used to keep the State Attorney’s office from proceeding with charges
- Contacting the alleged victim. We may be able to convince the victim not to pursue the charge against you and request that the charges be dropped. To decline prosecution, victims must generally complete a drop-charge affidavit, complete a course, or meet with a domestic violence advocate. The prosecutor would still be the one to determine whether or not to prosecute
- Addressing a domestic violence injunction. If the alleged victim does not wish to pursue charges, we will seek to modify any domestic violence injunctions by filing a motion to alter the conditions of release. This allows you to resume contact with the victim and shows the prosecution the victim wants the case dropped
- Getting you to help voluntarily. If you and the victim voluntarily enroll in counseling programs, it can help show the prosecutor you are responsible and increase the chances of resolution without proceeding to trial
- Making pretrial motions. Pretrial motions, such as Stand Your Ground or Motion for a Court Ruling, can show weakness in the prosecutor’s case and may assist negotiations and prevent further litigation
- Taking your case to trial. Our domestic violence defense lawyers are fully prepared to fight for your rights in court if necessary. Sometimes showing that we are willing to take the case to trial encourages resolution
If you’re ready for an aggressive, skilled defense, call Panella Law Firm for a free consultation. We’re eager to begin the legal process so you can avoid the serious penalties of domestic violence cases.
How Can an Orlando Domestic Violence Lawyer from Our Central Florida Law Firm Help Your Case?
Nobody deserves to be a victim of domestic violence, battery, or abuse any more than someone deserves to be wrongfully convicted. If you require legal assistance in Florida, look no further than Panella Law Firm, an assertive and aggressive criminal defense firm that believes in justice and a defendant’s right to a fair trial.
Our domestic violence criminal defense lawyers, who work alongside our experienced divorce attorney in Orlando, are committed to preserving your freedom, asserting your rights, and working toward resolving your case with the utmost dedication. As you get to know our legal team, you’ll find that success stories are plentiful for the domestic violence attorneys at Panella Law Firm, who offer a sympathetic and positive attitude to our clientele.
We do everything possible to put our clients at ease and address their concerns during a scary, overwhelming time. After all, a conviction for a domestic violence offense in Florida can carry significant criminal penalties and fines, so don’t try to go it alone. You deserve to have an experienced Orlando domestic violence lawyer by your side.
Our law firm has won many awards throughout the years. Some of our most notable achievements are as follows:
- Attorney Michael Panella was awarded the 2017-2020 Client Choice Award.
- In 2019–2022, Michael Panella was selected to be included in Super Lawyers.
- Attorney Michael Panella is a top-rated lawyer, as seen by his perfect 10.0 Avvo rating.
- Attorney Michael Panella was named by the National Trial Lawyers
as one of the 40 under 40 in the legal profession.
Our clients benefit from the collaborative efforts of Huda Saleh and the other criminal defense attorneys at our law firm because they can use the many different views and areas of experience represented within the firm to craft unique and effective solutions for each case.
Whether you are facing a first-time charge or a repeat violence charge, an experienced Orlando domestic violence attorney at Panella Law Firm can offer a free, confidential consultation to discuss the facts of your case and determine the best way to move forward. Call us today at 407-602-6559 to talk to a Orlando domestic violence lawyer.