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According to Florida law, a domestic violence conviction carries a mandatory minimum sentence of five days in jail. The penalties for domestic violence vary, depending on the circumstances of the crime, the defendant's criminal history, and other factors. Common penalties include imprisonment, fines, probation, community service, and mandatory counseling – not to mention the social stigma associated with a domestic violence conviction. For repeat offenders, the court may enhance these penalties.


According to Florida law, domestic violence laws apply to family members (such as a child or spouse) and cohabitating persons (such as a roommate or significant other).

Some of the crimes that fall under this category include:

  • Assault & Battery
  • Sexual Assault
  • Aggravated Battery
  • Sexual Battery

If domestic violence is charged with another offense, such as sexual assault, the defendant could face severe sentencing. Assault, for example, can be a second degree misdemeanor charge, while some instances of batter may be charged as a third degree felony.

The penalties for these crimes include:

  • Misdemeanor: 60 days to one year in jail
  • Felony: Up to five years in prison

The sentencing for these offenses can change if the victim had a restraining order or injunction against the defendant. To learn about the possible penalties associated with your case, speak with an attorney from Hager & Schwartz, P.A.


If you were arrested for domestic violence, our law firm can protect your rights and help you avoid an unnecessary conviction. With more than 50 years of combined legal experience, we have the skill and experience to defend your rights and protect your future.

Simply call our office today at (305) 330-1360 to schedule your initial consultation with a Miami domestic violence defense attorney from our law firm.

Client Testimonies

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    “I cannot thank you enough for what you have done for me. I realize you are and to know that you took this time to help me when I needed you the most is just amazing. I will be forever grateful.”

    - B. D.
  • Couldn't have done it without him!

    “John Hager went above and beyond!! He was very understanding and sympathetic to my situation and helped me get through everything without me having to panic. I never waited for a phone call back nor ...”

    - Erika
  • I strongly recommend John Hager.

    “I strongly recommend John Hager. He was very professional since our first meeting until my case was declined. Not only he gave me his professional advice, but walked me step by step on all possible ...”

    - Sara
  • So grateful to have found Brett Schwartz!

    “I knew in the few minutes in speaking with Brett that he was the right attorney for my Domestic Violence case. He put me at ease immediately and got the ball rolling to rectify the issue. He kept me ...”

    - Rachel
  • Thank you from the bottom of our hearts.

    “We hired Brett Schwartz to defend my son who was facing false but extremely serious allegations of rape, sexual assault, domestic violence and a protective order against his eight year old son. He had ...”

    - Beverley

Real Results

  • Case Dismissed Aggravated Battery
  • Case Dismissed Aggravated Battery
  • Case and Injunction Dismissed Aggravated Battery & Domestic Violence Injunction
  • Case Dropped Aggravated Battery/Armed Burglary with Battery
  • No Jail/Prison Time Aggravated Stalking
  • Case Dismissed Armed Robbery with Firearm
  • Case Dismissed Battery on the Elderly
  • Case Dismissed Battery/Domestic Violence
  • Expunged Battery/Domestic Violence
  • Minimum Mandatory Sentences Waived Cocaine Trafficking

Why Choose Hager & Schwartz, P.A.?

  • Highlighted by SuperLawyers from years 2016-2019.
  • Top-rated lawyers fighting on your behalf.
  • Former prosecutors handling your defense.
  • Decades of legal experience on your side.
  • Available 24/7, including weekends.
  • Free initial consultation with an attorney.

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