Domestic Violence Attorneys in Miami
Defending Against Charges of Domestic Violence in Miami-Dade County
When someone commits violence against their spouse, relative, domestic partner, dating partner, or past dating partner, the laws of Florida consider such actions to be domestic violence. This can encompass a wide range of behaviors, including physical assault, emotional abuse, and other forms of violence or threat aimed at controlling a partner or family member. Understanding the complexity and seriousness of these allegations is crucial for anyone involved.
Restraining orders can be placed against offenders to prevent them from coming near the alleged victims. In the state of Florida, those who are charged with any form of domestic abuse will need the help of an experienced domestic violence attorney in Miami. We at Beckham Law Firm are prepared to help you navigate this challenging legal environment. Our knowledgeable team can guide you through obtaining temporary or permanent restraining orders if necessary.
Work with a team that has over 35-plus years of collective experience. Contact our firm online or call (786) 244-8010 today. Free consultations—24/7.
Understanding Florida Domestic Violence Law
In Florida, domestic violence is not a standalone crime but an enhancement to an existing criminal offense (such as battery, assault, stalking, or false imprisonment) when the offense is committed against a "family or household member."
The relationship element is what elevates a standard charge to domestic violence. Under F.S. § 741.28, this includes:
- Spouses and former spouses.
- Persons related by blood or marriage.
- Persons who have resided together as a family in the past (with a few exceptions).
- Persons who are parents of a child in common, regardless of whether they have ever been married or lived together.
Given the complexities of these laws, it is vital for individuals involved in such allegations to have a comprehensive understanding of their rights and responsibilities under the law. Engaging with a seasoned Miami domestic violence lawyer ensures that you receive guidance tailored to the nuances of local legislation, thus making informed decisions that safeguard your legal standing.
VICTORY BEGINS WITH Beckham Law Firm
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Domestic Violence Strangulation – Case DismissedAt 4:38 PM law enforcement began to investigate, both the Defendant and Victim 1. The Defendant was taken into custody and taken into interview room for further questioning. The Defendant admitted that he and victim 1 were involved in a verbal dispute but denied that the incident ever became physical. The Defendant and the victims were inside the Defendants vehicle when the argument occurred. Victim 1 explained that the argument escalated when the Defendant slapped her on the left side of her face and moments later on twice on her left thigh. Upon arrival at their home, the Defendant grabbed victim 1 by her hair and shoved her on the bed and mounted her as she now laid next to victim 2. The Defendant then took a black semi-automatic handgun from his waist and stated aloud “Do you want to die today!” Victim 2 began to cry and Victim 1 fled the residence with their child. Victim 1 during the investigation disclosed the Defendant had battered her in the past and provided photographs of the three other events. The Defendant denied this accusations and advised that he was unaware she was injured on those dates. The Defendant was arrested and charged with domestic violence strangulation.
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Aggravated Battery on an Elderly Person – Charges DismissedAt 4:53 pm officers responded to a disturbance and upon arrival met with the elderly victim who stated that the Defendant and her had gotten into a verbal disagreement which then escalated into a physical altercation. The Defendant had struck the victim with a broom stick, a piece of a door frame and slapped her several times in the face with an open palm. The Defendant also placed a cloth towel into the victim’s mouth and held it there as she began to choke. Victim had an abrasion on her left forearm, lower back pain and shoulder pain. The Defendant was arrested and charged with aggravated battery on an elderly person.
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Felony Drug Possession – Case DismissedAt 3:47 AM, law enforcement officer observed the Defendant sitting on the bus stop past curfew. The officer conducted a subject check to find the reasons the Defendant was stationary at the location. The Defendant stated that he was playing a game that required him to be seated. The officer then conducted a pat down and a sharp pointy object was discovered in the Defendant’s left pocket. The Defendant identified the oil as liquid marijuana inside of the pen. The Defendant was then arrested as during curfew period no person shall make use of any streets or sidewalk for any purpose expect active duty, police, fire-rescue first responder, medical health care and utility repair person as well as those returning to their home from work of employment. Defendant charged with felony drug possession.
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Felony Attempted Burglary – Case DismissedAt 10:50 PM, law enforcement was dispatched in emergency mode to respond to a burglary in progress. The officer made contact with victim and he stated that he observed through the peep hole a male with a black shirt wearing a mask and hitting his apartment door with a hammer. The Defendant was attempting to gain force entrance. Victim 1 stated that the Defendant looked like his neighbor who had several disputes in the past with others neighbors and provide the officer with the Defendant’s apartment number #107. The officer made contact with the Defendant and his grandmother. The grandmother stated that the Defendant keeps the hammer in his closet and provide it to the officer. The witness who lives nearby said she heard a loud noise and stepped outside to see what it was. The witness observed the Defendant hammering the door and described the Defendant. She also stated she recognized him as a male who lives in APT#107. The Defendant matched the description and was arrested, charged with Felony Attempted Burglary of an occupied dwelling.
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Aggravated Assault w/ Deadly Weapon, Domestic Violence, and Child Abuse – Case DismissedAt 4:28 PM, officer was dispatched in reference to a domestic disturbance between a father and son. Upon arrival, the officer made contact with the Defendant who stated he had a physical altercation with his father. The Defendant stated that he arrived to the residency where he lives with his mother and father; and then a verbal argument ensued with his father which led them to confronting each other in the backyard of the residence. The Defendant also states that his father struck him on the right side of his face causing a litigation to his right eyebrow. The officer observed a strong odor of alcohol from the Defendant. The victim stated the Defendant arrived to the residence in a bad mood and began to argue with his mother at which time the victim intervened. The victim also states that the Defendant repeatedly struck him while they were on the ground. The mother of the Defendant then confirmed this. The Defendant was arrested and charged with aggravated assault with a deadly weapon, domestic violence strangulation, and child abuse.
Domestic Violence Penalties In Florida
Under Fla. Stat. § 741.28, domestic violence occurs when a person commits a crime that can or does result in bodily injury to their family or household member. Depending on the offense committed, a conviction for domestic violence in Florida carries a range of penalties. Additionally, the court must impose mandatory minimum sentences based on the facts of the case.
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Assault
- Up to 60 days of incarceration
- Up to $500 in fines
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Aggravated Assault
- Up to five years of incarceration
- Up to $5,000 in fines
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Battery
- Up to one year of incarceration
- Up to $1,000 in fines
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Aggravated Battery
- Up to 15 years of incarceration
- Up to $10,000 in fines
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Sexual Battery
- Up to 30 years of incarceration
- Up to $10,000 in fines
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Stalking
- Up to one year of incarceration
- Up to $1,000 in fines
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Aggravated Stalking
- Up to five years of incarceration
- Up to $5,000 in fines
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Kidnapping
- Up to 30 years of incarceration
- Up to $10,000 in fines
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False Imprisonment
- Up to five years of incarceration
- Up to $5,000 in fines
Penalties for Crimes Charged as Domestic Violence Offenses
The penalties listed above are those associated with the underlying crime. The court can also impose specific punishments upon a domestic violence conviction because the offense involved a family or household member. Penalties often reflect the seriousness of the offense and the impact on the victim, taking into consideration whether there were any previous charges or a history of domestic violence.
- Domestic violence-specific penalties include:
- Minimum one year of probation, which often comes with strict conditions meant to deter future offenses.
- Completion of a batterers’ intervention program designed to educate and rehabilitate offenders.
- When the violation involves intentionally causing bodily harm:
- Minimum of 10 days in jail (first offense), highlighting the state's firm stance against first-time domestic violence offenders.
- Minimum of 15 days in jail (second offense), reflecting increased penalties for repeated offenses.
- Minimum of 20 days in jail (third or subsequent offense), indicating the severity seen by repeated violations.
- When the violation involves intentionally causing bodily harm in the presence of a minor under 16 years of age:
- Minimum of 15 days in jail (first offense), underscoring how offenses committed in front of minors are treated more severely.
- Minimum of 20 days in jail (second offense), emphasizing the protection of children within the household.
- Minimum of 30 days in jail (third or subsequent offense), an indication of increased penalties to protect minors and deter habitual offenders.
The Immediate Crisis: Intervention at First Appearance
In Miami-Dade County, an arrest for domestic violence prevents the accused from bonding out of jail until they see a judge at the First Appearance Hearing (within 24 to 48 hours). This hearing is critical for two reasons:
- Bond Setting: The judge determines your release conditions. We argue for the lowest possible bond to secure your rapid release.
- No Contact Order: The judge is required to impose a mandatory No Contact Order (NCO) as a condition of your release. This order can prohibit you from returning to your home, contacting the alleged victim (even if they recant), or seeing your children.
Our firm is available 24/7 to intervene at this crucial initial hearing. Having domestic violence attorneys in Miami present can mean the difference between remaining in custody with severe restrictions and securing favorable release terms that allow you to challenge the NCO.
Our Strategic Defense Advantage: Former Prosecutors
Beckham Law Firm's success against domestic violence charges stems from our unique insight: we are former prosecutors. We know the evidence standards, witness preparation, and negotiation leverage points that the Miami prosecutors use, enabling us to anticipate their strategy and attack their case from a position of authority.
Defense strategies leveraging our experience:
- Challenging Witness Credibility: We use our knowledge of discovery and evidence to expose inconsistent statements by the accuser, especially where there are motives for retaliation (divorce, custody, financial leverage).
- Motion to Reverse No Contact Order: We immediately file motions to modify or terminate the No Contact Order, presenting evidence that the order is unnecessary or based on false assumptions, allowing you to return home.
- Seeking Deferred Prosecution: For first-time offenders, we aggressively negotiate for a Deferred Prosecution Agreement (DPA), which allows for the dismissal of charges upon successful completion of certain conditions (like counseling), ultimately protecting your criminal record.
- Firearms Rights Defense: Since a conviction for misdemeanor domestic violence battery leads to the permanent loss of your federal right to own a firearm, we fight aggressively to prevent conviction, offering guidance to gun owners throughout the process.
Protect Your Rights – Call Our Miami Criminal Defense Office Today
At Beckham Law Firm, we are committed to speaking with defendants to fully understand their situation. During a free case evaluation, we can discuss the possible defenses available and prepare a solid case on your behalf.
Our approach includes examining all evidence, interviewing witnesses, and consulting with legal experts to present a comprehensive defense. We may be able to prove that you were acting in your own self-defense to pursue a reduction or dismissal of charges. This includes reviewing police reports and identifying any procedural errors that may assist in your defense.
In many circumstances, false testimony can lead to a domestic violence charge. No matter the situation, speak with someone at our firm to learn how our Miami domestic violence lawyers can benefit you! Call (786) 244-8010 or reach out online now.
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