Don’t Just Plead Guilty To Domestic Violence Charges

It is not uncommon, particularly for those who have never been in trouble with the law before, to react emotionally when involved in a domestic violence case. Being charged with a crime of domestic violence can feel overwhelming, and in some, cause feelings of deep shame and regret. These feelings lead some people to simply confess or agree to a guilty plea so they can ‘make it all go away’ without truly understanding what that may mean. It is crucial to consult an attorney before making any long-term decisions.

Jail Time Is Only The Beginning

It is understandable that many would feel guilt or shame about their actions, particularly if their alleged domestic violence offense involved a loved one. However, pleading guilty can do more than show repentance; it can effectively ruin a person’s life if they do not understand what they are admitting. For example, they may read the relevant statute and see that the mandatory minimum punishments are mere days in jail – 10 for a first offense, 20 for a third. However, if one looks closely, they can see that those are minimums, not maximums.

In addition to serving time, a person who pleads guilty may be unaware of the fact that doing so creates a criminal record that cannot be expunged. In Florida and most other states, one cannot expunge a conviction or a guilty plea, and even if it were possible on those grounds, Florida’s law has barred certain offenses from being expunged (usually, those involving violence, but all domestic violence-related offenses also fall under the umbrella even if no physical violence took place). What this means for a person is that future landlords and employers, among others, will be able to view your criminal record and draw inferences about your character from it.

Potentially Life-Changing Consequences

In addition to the jail time and criminal record, pleading guilty to a crime of domestic violence will also lead to another consequence that can profoundly affect a person’s career: the federal Lautenberg Amendment prohibits anyone convicted of a misdemeanor crime of domestic violence from owning or using firearms, whether for personal or professional use. While this may only be a mere inconvenience to some, for others it can be cataclysmic – a soldier or law enforcement official no longer permitted to use firearms could not effectively practice their profession.

Perhaps the most serious potential consequence is for U.S. residents who are not citizens of the country. A conviction for a domestic violence-related offense can render a person deportable from or inadmissible to the U.S., and it is all too common for individuals to face removal proceedings right after conviction. Even offenses that would be considered misdemeanors under U.S. criminal law can trigger deportation proceedings under immigration law.

Contact A West Palm Beach Domestic Violence Attorney

Realizing that you may have committed a crime of domestic violence can provoke strong emotion – but pleading guilty will often cause more suffering. A West Palm Beach domestic violence attorney from Perlet & Shiner, P.A. can give you the defense to which you are entitled. Call our office today at (561) 721-0552 to speak to an attorney.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.283.html