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Miami Criminal Defense Lawyer - Hager and Schwartz, P.A.
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Miami Domestic Violence Lawyer

Arrested for violence or battery?

Our attorneys have gotten over 95% of all their domestic violence cases dismissed without the client ever appearing in court. We understand and our extensive experience has confirmed that the domestic violence laws in the State of Florida are rather one sided against the accused. Florida law allows a police officer to make an arrest for domestic violence if there is any evidence, regardless of the credibility of such evidence.

The reality is that police officers often times will make an arrest solely upon statement(s) made by an alleged victim or witness without there being any actual physical evidence of domestic abuse. The police don't care about your side of the story. They do so because public policy demands that law enforcement take any and all action to prevent even the possibility of future violence, regardless of whether the accused is completely innocent. However, our attorneys do care about your side of the story and will take whatever legal steps necessary to protect your rights and defend your freedom.

What qualifies as domestic violence?

Domestic Violence (also considered Domestic Battery) is physical violence, threatened violence, and abuse which occurs in the following relationships:

  • Married Couples (also known as Spousal Abuse)
  • Cohabiting Couples
  • Persons who have a child or children in common
  • Persons in a dating relationship or who were in a former dating relationship
  • Persons who were formerly married to each other

Domestic violence overs a wide range of abuse. Any threatening or violent act, regardless of intent or lack thereof to harm another, could be grounds for prosecution under the Florida domestic violence laws. Domestic violence cases are treated differently than other criminal cases. There are designated prosecutors and special Domestic Violence Units (DV Units) within the prosecutor's office that stand ready to aggressively prosecute anyone charged with domestic violence. Examples of domestic violence include:

  • Threats of Imminent Bodily Harm
  • Intimidation
  • Stalking (such as following the victim to and from work, and threatening the victim or constant harassment)
  • Physical Assault or Abuse
    • Hitting
    • Slapping
    • Pushing
    • Shoving
    • Kicking
    • Biting
    • Pinching
    • Punching
    • Hair Pulling
    • Beating
  • Sexual Abuse
  • Unwanted sexual touching
  • Forced sexual acts

Domestic violence charges may be filed as a misdemeanor or a felony. The filing decision is made exclusively by the prosecutor and is based on the facts of the case, victim and witness credibility and severity of injuries. Severe injuries (including multiple bruises and broken bones) will almost always be charged as a felony. No injury or slight injury cases will generally be filed as a misdemeanor. Both prior acts of reported domestic violence and the criminal history of the accused may also influence how the case is filed. Penalties for a crime of this nature include the following:

Misdemeanors:

  • Brief jail sentence (0 to 1 year in County jail)
  • Counseling (anger management and/or domestic intervention program)
  • Community service hours
  • Various fines and/or Charitable Donations
  • Stay-Away Order from the victim

Felonies:

  • Jail time (time can range from 1 day in the County Jail to multiple years in Florida State Prison)
  • Counseling (anger management and/or domestic intervention program)
  • Community Service Hours
  • Various fines and/or Charitable Donations
  • Stay-Away Order from the victim

What if the victim wants to drop charges?

In Florida, you can be arrested and prosecuted for domestic violence even if the victim does not want you arrested or prosecuted. In some cases, especially with spousal abuse, it can be very difficult for the victim to drop charges against the abuser. In some cases, the Prosecutor can proceed with the criminal case even if the alleged victim decides not to cooperate or go to court to testify.

The prosecutor is the only one who has the authority to drop criminal charges because the victim is merely a witness in a government prosecution. The law regarding domestic violence is complex and highly specialized. This is why it is important to secure an attorney who is qualified, skilled, and knowledgeable in defending domestic violence cases.

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Miami Criminal Defense News
Broward County Office
2450 Hollywood Blvd.
Suite 105
Hollywood, FL 33020
Miami-Dade County Office
555 N.E. 15th Street,
PH-A
Miami, FL 33132
Palm Beach County Office
(Satellite Office)
137 W Royal Palm Rd
Boca Raton, Florida 33432
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642 N Halifax Avenue
Daytona Beach, FL 32118

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