December 18, 2019
Have you been arrested or accused of domestic abuse?
When people hear the phrases Domestic Violence or Domestic Battery they tend to imagine a relationship with constant mental and physical abuse. In reality, it takes very little to be arrested for a domestic battery offense. A small argument can quickly escalate to a domestic abuse situation. Although domestic violence cases are typically misdemeanors, the courts take them very seriously and often impose severe sentences.
Being charged with domestic violence is a serious offense and can be a very stressful experience. Your personal freedom is on the line. In addition to jail time, significant fines and the social stigma associated with these crimes, domestic battery arrests can be extremely disruptive to your life. Domestic Violence most often occurs within families, between husbands and wives, individuals who are dating or have previously dated and roommates. The emotional damage of domestic battery charges can take its toll on a person. Given the harsh consequences of a Florida domestic violence conviction it is important that you retain a lawyer whom you trust to provide you with aggressive and competent representation.
Examples of Domestic Violence:
* Domestic battery and aggravated battery
* Domestic assault and aggravated assault
* Kidnapping and false imprisonment
* Sexual assault and sexual battery
* Harassment and stalking
Potential Consequences of Domestic Violence & Battery Charges
Domestic Violence/Domestic Battery consists of both physical and emotional abuse and can lead to serious criminal charges. Physical contact does not even have to occur for a person to be charged. While paying fines and facing jail time are the typical consequences of a domestic battery conviction, other sanctions can be handed out that will negatively affect the quality of a persons life. One of the first things that can happen to someone charged with domestic battery is that they can be issued a protective/restraining order mandating that he or she stay away from the other party and have no contact with the alleged victim. This protective order can also keep you from your children and from visiting any establishment that the alleged victim may frequent. You also face mandatory penalties including the following: completion of a 26-week Batterer’s Intervention Program, probation, community service hours and loss of concealed carry rights. Consequences of a conviction can also be detrimental to a person’s employment.
Defenses to Domestic Battery
There are several legal defenses that a criminal defense attorney can assert to defend domestic violence charges. A skillful Fort Pierce criminal lawyer can defend the charge of domestic battery using one of the following defenses:
* falsely accused due to anger or jealousy – an attempt to gain the upper hand in divorce or child custody
* acted in self-defense or in defense of someone else
* absence of injuries
* battery allegations not corroborated by other evidence
* stand your ground
* dispute about the cause of incident
If you or a loved one has been arrested for or charged with a domestic violence crime in St. Lucie, Indian River, Martin or Okeechobee Counties, it is important that you discuss your case with an experienced criminal defense lawyer right away. To learn what steps may be available to win your case, contact the Law Office of Brian H. Mallonee for a free consultation. We are conveniently located in downtown Ft. Pierce and can be reached at 772-464-1991.
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