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Miami Domestic Violence Lawyer

Arrested for domestic 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.

Facing domestic violence charges?
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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 in Florida?

Domestic violence, which is commonly referred to as domestic battery, can occur in various forms. These terms refer to threatened or actual harm or injury that is intentionally inflicted by a former or present family or household member against another. Physical violence, threatened violence, and abuse are considered forms of domestic violence, and are punishable by Florida’s domestic violence laws. Below is a list of various acts that can be considered domestic violence.

  • Hitting
  • Slapping
  • Pushing or shoving
  • Kicking
  • Biting
  • Punching
  • Beating
  • Hair pulling
  • Threatening
  • Intimidating
  • Stalking
  • Pursuing unwanted sexual activity
  • And more

While all criminal law cases are addressed in a serious manner, domestic violence cases are treated with specific care. In many cases, Domestic Violence Units (DV Units) are ready to aggressively prosecute those facing domestic violence claims.

Penalties and Charges for Domestic Violence Claims

Domestic violence incidences are handled on a case-by-case basis and can range from misdemeanor to felony charges depending on severity. Most often, the prosecutor determines the charges and penalties based on the following:

  • Facts of the case supplied by the victim
  • Facts supplied by any witness(es)

Severe injuries, such as extreme bruises and broken bones, are charged as felonies while other slight injuries, or threats, are generally considered misdemeanors. However, other factors such as persistence, prior reported domestic violence acts, and criminal history are taken into consideration when evaluating such cases.

Penalties for misdemeanor domestic violence crimes can include the following:

  • Jail sentence up to 1 year
  • Mandatory Anger Management program
  • Mandatory domestic intervention program
  • Community service
  • Fines
  • Restraining-order

What is Felony Domestic Violence?

In Florida, the penalties for felony domestic violence are usually very severe, and may include:

  • A "No Harm, No Strike" order for the parties involved
  • Longer terms of imprisonment
  • Monetary fines
  • Restraining order from the victim (may necessitate moving)
  • Mandatory Anger Management program
  • Mandatory domestic intervention program
  • Mandatory 52-week counseling course
  • Community service
  • Incarceration for up to 3 years in county prison

Being convicted of felony domestic violence can negatively affect you for the rest of your life, and may strongly impact you personally and professionally. In hiring a reputable criminal defense attorney, you will be acquiring the support you need to have a strong likelihood of success in your case.

Can the Victim Have the Charges Dropped?

Florida domestic violence laws state that a person can be arrested or prosecuted regardless of whether the victim does not wish to do so. In fact, even spousal abuse cases can be extremely difficult to drop against the abuser. Laws state that a prosecutor can proceed with the case even if the victim wishes not to cooperate or testify in court. Additionally, the prosecutor is the only person who has the authority to drop such charges.

Domestic violence laws are complicated. In these cases, it is important to retain an experienced domestic violence defense lawyer that possesses the necessary qualifications, skills, and knowledge to defend you. The Miami domestic violence attorneys at Hager & Schwartz P.A. recognize the difficult life changes a person can face if charged with these types of crimes. That is why we are here. We can explore all the facts of your case and determine an appropriate plan to have your charges and penalties reduced.

Protect your rights today and get in touch with our Miami domestic violence lawyers. Serious cases require serious representation.

Case Results

  • Aggravated Battery Case Dismissed
  • Aggravated Battery Case Dismissed
  • Aggravated Battery and Armed Burglary with Battery Case Dropped
  • Aggravated Battery and Domestic Violence Injunction Case and Injunction Dismissed
  • Aggravated Stalking No Jail/Prison Time
  • Armed Robbery with Firearm Case Dismissed
  • Battery Law on Enforcement Officer, Resisting an Officer without Violence, and Disorderly Intoxication Case Dismissed
  • Cocaine Trafficking Minimum Mandatory Sentences Waived
  • Controlled Substance Case Dropped
  • Criminal Mischief and Disorderly Intoxication Case Dismissed

Experience Is on Your Side

No matter where you are in the criminal process, involving a lawyer can help ensure that your Constitutional rights are well-protected. We are criminal attorneys with over four decades of experience, dedicated to the aggressive representation of our clients inside and outside the criminal courtroom. We are familiar with the local courts, judges, prosecuting attorneys and court personnel and can use this experience to your benefit.

We have a reputation for winning difficult cases, using seasoned and hard-hitting defense against any criminal charge.

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