If you are charged with a domestic violence offense in Florida, an Orlando domestic violence defense lawyer at the Panella Law Firm can help fight the charges and protect your rights. Florida takes domestic violence seriously. A conviction can carry significant criminal penalties, including jail time and fines. It can wind up negatively affecting your parental rights and your shared property in a divorce situation.
The Panella Law Firm is a tough and aggressive criminal defense firm that believes in justice and a defendant’s right to a fair trial. Our domestic violence criminal defense lawyers are committed to preserving your freedom, asserting your rights, and working toward a successful resolution of your case. If your case proceeds to trial, our lawyers will strategize to contest the prosecutor’s case and work for your acquittal.
We provide a free consultation to discuss the facts of what happened and determine the best way to help. Call us today at 407-233-1822.
In addition, Florida considers cases of violence committed between two persons in a current or former dating relationship to be domestic violence.
There are specific acts that qualify as domestic violence, and our lawyers can defend you against all of them. These include:
When you face serious charges that can affect the rest of your life, you need an experienced Orlando domestic violence defense lawyer in your corner. The experienced team at Panella Law Firm can give you the best defense possible.
The defenses our domestic violence defense lawyers use depend on the circumstances of your individual situation, the acts you are accused of, the available evidence, the injuries that resulted, and the specific charges against you. 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, which are felonies with more severe punishment. Any of these charges are serious, and our domestic violence defense attorneys at Panella Law Firm know how to mount a strong defense against each one.
Common defenses for typical domestic battery charges include:
In many cases, especially if there were no injuries, using these defenses can result in having your case dropped or reduced without going to trial. Our domestic violence attorneys know how to negotiate with prosecutors and look for weaknesses in their case and proceed accordingly. In cases where there were injuries and a trial becomes necessary, we are fully prepared to defend you in court.
Once the police are called for domestic violence in Florida, the law requires that domestic violence disputes be treated as a criminal act, so someone is going to jail. Any allegations of violence between household members must be charged as domestic violence, and this creates a bias toward prosecution, even if the victim does not want to press charges. The prosecutor decides whether there is enough evidence for a conviction and whether to proceed with the case.
If the decision is made to arrest you on a domestic violence charge, you will be unable to be released on bond until you appear before a judge, which could take up to 48 hours. You will typically be prohibited from contact with the victim or their place of residence, even if you own that residence.
Once you call the Panella Law Firm, we can get to work fighting these charges from the beginning to get them dropped, amended, or diverted. Our domestic violence attorneys in Orlando can help by:
Call Panella Law Firm for an aggressive, skilled defense today at 407-233-1822 and we’ll get started working for you.
The “Stand Your Ground” law was enacted in Florida in 2005 and has become highly publicized and controversial, but it may be used as a defense in some cases of domestic violence. If you stood up for yourself after being unlawfully threatened by the victim, you may be able to claim self-defense under this law. According to Sections 776.012 and 776.013 of the Florida Statutes, the law expands the scope of a traditional self-defense claim in a criminal case by:
Just being charged with domestic violence in Florida can have major damaging consequences. Charges cannot be expunged from your record; and even if you were not convicted, it will remain on your criminal record forever. Charges may be used against you in a divorce proceeding and if there are children involved. Charges can be used against you in any future domestic violence cases; even if you were found not guilty, the charges can be used to prosecute you as a felon.
If you are convicted of domestic violence, possible penalties include a minimum of five days served in county jail, imprisonment in Florida state prison, or a minimum of one year probation or community service. You will be required to complete a Batterers Intervention Program of between 26 and 29 weeks.
In addition, you may be charged with other criminal offenses, such as assault and battery. If domestic violence is charged as an assault, it is considered a second-degree misdemeanor. If charged as aggravated assault, it is a third-degree felony. Battery may be charged as a first-degree misdemeanor or as a third-degree felony.
These sentences range from a maximum of sixty days to one year.
Punishments for felony domestic violence offenses are as follows:
There is a Florida statute of limitations for prosecuting misdemeanors of one year for second-degree charges and two years for first-degree. The clock begins ticking on the date of the alleged crime, and if the state doesn’t begin prosecuting your case within that time, you can typically have it dismissed.
The time limit to begin prosecution for felonies is three years for second- and third-degree felonies and four years for first-degree felonies. For capital and life felonies, there is no statute of limitations.
A conviction for a domestic violence offense in Florida can carry significant criminal penalties and fines, so don’t go it alone. At the Panella Law Firm, we handle a wide range of domestic violence and criminal defense cases. We can provide guidance and fight for your rights and freedom whether you are a first time or a repeat offender.
Our Orlando domestic violence lawyers offer a free, confidential consultation to discuss the facts of your case and determine the best way to move forward. Call us today at 407-233-1822 to get started.