What Does My Domestic Violence Charge in South Florida Mean?
We Represent those Accused of Domestic Violence!
In Florida, domestic violence or domestic battery is a first-degree misdemeanor, with penalties that can include up to one year in jail or a year of probation and a $1,000 fine. Depending on the injuries, if the alleged victim is pregnant, or allegations of choking or strangling are involved, the case becomes a felony and potential punishment is severely increased.
In addition, the consequences of these penalties in the State of Florida may also make it difficult to find employment, housing, and if children are present, Department of Children and Families will get involved.
Arrested for Domestic Violence? – Call Glenn Roderman and Philip Johnston at 954-764-6800 for a free consultation.
What is my Best Defense Against Domestic Abuse Charges Filed Against Me?
The best strategy is a multi-pronged approach. In Florida, domestic violence charges are often made with little evidence. Often it is what is referred to as a “he said/she said case”. The state must prove that this crime was committed beyond a reasonable doubt. This is a high standard of proof so you should never agree to a plea deal before consulting a domestic violence lawyer. We at Roderman and Johnston Law will be able to get you a better legal remedy. Call us at (954) 906-6290 for a free consultation.
What will My Attorney be able to do for me?
Your attorney in a domestic violence case will:
- File Legal Motions to Dismiss Your Case: these are formal requests to the judge asking that your case be dismissed. These may include a motion to suppress illegally obtained evidence, motion to limit your liability, and motion to dismiss. A granted motion to dismiss will result in a complete dismissal of your case.
- Investigate the Facts to Challenge the Prosecutor’s Evidence: the criminal charges in your case may have been filed based on incomplete evidence, or evidence the prosecutor was unable to discover. We will examine all the facts presented in your case, subpoena documents if necessary, and make sure that all the evidence is presented.
- Prepare a Persuasive Character Packet: we prepare a detailed profile of your character that can be presented to the judge or prosecutor. The goal of this profile is to demonstrate that you are not a criminal and do not deserve to be sent to jail or end up with a permanent criminal record. It will highlight your good character, potential exonerating circumstances surrounding the incident, and lack of a serious criminal record.
By having an experienced Fort Lauderdale Florida domestic violence attorney on your side, your chances of having the charges reduced or dismissed before going to trial are significantly higher.
What does a Protective Order mean for me?
The individual pressing charges against you may motion the courts for a protective order. You do not need to have a conviction for a judge to grant such order. This is especially important if you share children, other close relatives, or close friends with the person pressing charges against you.
If a judge grants the protective order you may not be able to see your children and you may have to greatly alter your daily routine to avoid the other person. It is your responsibility to stay away from them if a judge grants the order, and not their responsibility to stay away from you.
Additionally, if a judge grants this order you may have to turn in any firearms or weapons that you own. You may also have to abstain from drinking alcohol, and you may have to pay for the other person to find another place to live while the order is in place. These are steep consequences. That is why having the experienced South Florida criminal attorney’s of Glenn Roderman and Philip Johnston is important. Call for a free consultation at (954) 906-6290.