Have You Been Charged With A Florida Domestic Violence Crime?

Domestic violence in Florida is defined as any criminal offense resulting in “physical injury or death” to a victim who shares a particular type of relationship with the alleged perpetrator – for example, a spouse, ex-spouse, or unmarried co-parent, among others. If you have been charged with this type of crime, it is crucial that you take it seriously; the right attorney can help.

No Single “Domestic Violence” Crime

Being charged with a domestic violence-related offense can be a shock to the average person, especially if it stems from a dispute or disagreement where both participants resorted to physical force. However, law enforcement in Florida are generally discouraged from arresting both parties to a domestic dispute – the state has no wish to penalize people for acting in self-defense – so only one party being arrested is more common.

It is important to keep in mind that no one offense of “domestic violence” exists in Florida law; rather, a person is charged with the underlying offense, such as assault or false imprisonment, and if the alleged offense occurred within a domestic violence context, any sentence is adjusted upward, meaning that someone convicted of this type of crime will generally serve a longer sentence than they would if no domestic violence was present.

Your Rights Are At Stake

In the immediate aftermath of being charged, the two things to keep in mind most strongly are to comply with any kind of court order, and to collect evidence where possible. In terms of court orders, this may mean complying with a domestic violence injunction (DVI), which might require you to vacate your marital home temporarily, or to hand over any firearms or ammunition you may possess.

Enlisting the right attorney to help you through the legal process is crucial above all else, simply because the penalties if one is convicted of a domestic violence crime are quite severe. A person in this situation may face not only jail time, but potential loss of custody of their children, loss of firearm rights, and the fact that they now have a permanent criminal record. The stakes are too high to go it alone.

Contact A West Palm Beach Domestic Violence Attorney

Being charged with a crime of domestic violence can change a person’s life. If you are facing this situation, you have the right to mount a defense, and to an attorney who can guide you through. A West Palm Beach criminal defense attorney from the firm of Perlet & Shiner, P.A. can help. Call our office today to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html