Recent statistics show that over 108,000 domestic abuse cases are reported to Florida police each year. In Florida, the legal system moves swiftly to investigate and prosecute all allegations of domestic violence.
A conviction can carry significant criminal penalties, including jail time and fines. It can negatively affect parental rights and shared property in a divorce situation.
Courts in Florida will not take domestic violence charges lightly, so having a solid legal team is essential to clearing your name and protecting your reputation. If you are charged with a domestic violence offense in Florida, a domestic violence defense lawyer at the Panella Law Firm can help fight the charges and protect your rights.
Nobody deserves to be a victim of domestic abuse, and nobody deserves to be wrongfully convicted. If you require legal assistance in Florida, go no further than Panella Law Firm.
Panella Law Firm is 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 are committed to preserving your freedom, asserting your rights, and working toward resolving your case.
If your case proceeds to trial, our lawyers will strategize to contest the prosecutor’s case and work for your acquittal.
Success stories are plentiful for the attorneys at Panella Law Firm, offering sympathetic and perceptive service to our clientele. We do everything we can to put our clients at ease and address their concerns at each and every turn.
Among the many awards we’ve won, some of the most notable are:
Our clients benefit from the collaborative efforts of Huda Saleh and the other attorneys at our 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.
Victims of domestic violence must take legal action to ensure the safety and protection of their rights.
It’s a common misconception that domestic violence only occurs between partners in a marriage; however, 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:
In addition, Florida considers cases of violence committed between two persons in a current or former dating relationship to be domestic violence. Florida’s domestic violence law is broad in scope, protecting not only spouses but also children, parents, and other relatives, as well as cohabitators.
The perpetrator must commit one offense under this law for it to be enforced. In reality, you may only need to document one incident of abuse to obtain a case against your abuser and safeguard yourself from further attacks.
Those in the Florida region who have experienced domestic violence and would like to take precautions against further abuse should speak with one of our domestic violence attorneys.
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 professional team at Panella Law Firm can give you the best defense possible.
It is a common misconception that physical violence must take place for domestic violence charges to be filed. An injunction can be granted against an abuser for numerous types of non-physical abuse as well. Here are a few examples:
Getting in touch with a domestic violence law attorney is a good idea if you or a family member has been a victim of any abuse. We offer free initial consultations with our skilled FL domestic violence lawyers, so don’t hesitate to contact us immediately.
The first step in finding the right domestic violence attorney for your case is to learn the differences between a domestic violence charge and a domestic violence defense.
Accusations of domestic violence have been wrongly made against numerous people in recent years. In other circumstances, when there was an actual physical altercation, both parties should be held accountable for any violence or threats.
When the police arrive at a scene, they may immediately charge whoever appears the angriest or is physically larger or more violent.
Unfortunately, there are cases in which the police believe the purported victim’s false statements and file charges against the wrong culprit. Sometimes one party is more obviously hurt than the other, or the male victim is initially too ashamed to report his injuries to the authorities.
This means the authorities are often left with incomplete information, leading to false accusations or even convictions when the defendant acted in self-defense. Consult an attorney immediately if you have been wrongfully accused of a crime while defending yourself or another person.
Anyone who uses force or threats to control another person in the home can be charged with domestic violence or assault. This includes those in abusive relationships. The police will typically press domestic violence charges even if the claimed victim does not want the case to move forward.
Police will always make an arrest and file charges of domestic violence if they believe there is probable cause to do so, regardless of the preferences of the alleged victim.
Abusive behavior between household members, regardless of sex, is considered domestic assault.
Domestic assault includes violence between spouses, common-law partners, dating partners, parents/legal guardians, and their minor children. Abuse can take many forms, including physical, mental, and financial harm.
On the other hand, domestic battery refers to using force or inappropriate physical contact within a domestic setting. In most people’s minds, domestic battery only occurs when someone sustains visible injuries like a bruise or a broken bone. A charge for a domestic battery can be triggered by even a harsh or angry touch.
There is a fine line between domestic battery and domestic assault. A charge for domestic battery requires that an assault or other violent conduct be committed.
Assault in the home can be charged if the victim feels intimidated and knows they will be gravely hurt if the violent conduct is carried out. Assault and battery are frequently charged together because one usually follows the other.
If you or a family member has been accused of assault, you must retain the services of a skilled criminal defense attorney without delay.
A multi-pronged strategy is typically employed while developing a successful defense. On the other side, domestic violence accusations in Florida are frequently brought with little proof.
Ultimately, it boils down to two parties’ words against one other. Never take a plea deal until you have spoken with a domestic violence attorney in your area who can advise you of your rights and options.
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 cases where there were injuries, and a trial becomes necessary, we are fully prepared to defend you in court. 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, look for weaknesses in their cases, and proceed accordingly.
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 goes to jail. The prosecutor decides whether there is enough evidence for a conviction and whether to proceed with the case. Any allegations of violence between household members must be charged as domestic violence, which creates a bias toward prosecution, even if the victim does not want to press charges.
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 start 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 might 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 significant damaging consequences. Charges cannot be expunged from your record, and even if you were acquitted, they would remain on your criminal record forever.
Charges may be used against you in a divorce proceeding and if children are involved, and even against you in future domestic violence cases; even if you were found not guilty, the charges could be used to prosecute you as a felon.
If you are convicted of domestic violence, possible penalties include five days served in county jail, imprisonment in Florida state prison, or a minimum of one-year probation or community service. You must 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. A domestic battery may be charged as a first-degree misdemeanor or 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 start prosecuting your case within that time, you can typically have it dismissed.
The time limit to begin prosecuting 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. We handle various domestic violence and criminal defense cases at the Panella Law Firm. We can provide guidance and fight for your rights and freedom whether you are a first-time or a repeat offender.
If you are facing a first-time charge or a repeat offense, 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.
© 2023 Panella Law Firm, Orlando Florida | All rights reserved -
- Site by Gladiator Law Marketing