West Palm Beach Domestic Violence Lawyer
Domestic violence allegations must be taken with the utmost concern. Make no mistake, you need legal representation, no matter how baseless the accusations may or may not be. The West Palm Beach domestic violence lawyer at Haber | Blank LLP will protect your rights. You are innocent of the alleged crimes until you are proven guilty, and we will do everything in our power to make sure that does not happen.
Definition of Domestic Violence
Domestic violence involves abuse of one family or household member by another. . Under Florida statute 741.28, domestic violence can consist of any physical, sexual, or emotional abuse involving the following:
- Assault
- Aggravated stalking
- Aggravated assault
- Aggravated battery
- Battery
- False imprisonment
- Kidnapping
- Sexual assault
- Sexual battery
- Stalking
- Any other criminal offense that causes injury or death
Domestic violence is an umbrella law that increases protection for family and household members. Prosecutors pursue domestic violence cases to the maximum degree; as such, domestic battery of a spouse will almost always incur a higher penalty than battery of a stranger, co-worker, or other unrelated party.
Who is a Household or Family Member?
People protected under Florida’s domestic violence law include the following relationships:
- Spouses
- Former spouses
- Intimate partners
- Former intimate partners
- People related by marriage or blood
- People currently residing together as if a family
- People who resided together as if a family in the past
- Parents with a child in common, regardless of marriage status
Punishment for Domestic Violence
Domestic violence is a first degree misdemeanor, punishable by up to a year in jail. The mandatory minimum jail sentences for domestic violence are:
- 10 days in jail for a first offense (minimum of 15 days in jail if the offense happened in the presence of a child under 16, who is a family or household member of the defendant or the victim).
- 15 days in jail for a second offense
- 20 days in jail for a third or subsequent offense
Additional punishment can also be in the form of fines, losing the right to bear arms, loss of custodial rights or visitation, and a batterer’s intervention program. A judge will also impose a one year probation period for convicted domestic violence offenders. Sexual battery, assault, stalking, aggravated battery, and any other misdemeanor or felony offense will be added in addition to the domestic violence offense. As such, you could potentially be facing multiple years in prison, even if you are only charged with misdemeanor offenses.
Call a West Palm Beach Domestic Violence Defense Lawyer Today
Domestic battery, domestic strangulation, domestic assault, and any other type of violent crime against a family or household member is a serious offense. A guilty verdict will likely come back to haunt the offender for the rest of their lives, as a domestic violence conviction cannot be erased via expungement or record sealing. You need an lawyer who will look after your best interests and aggressively defend you both in and outside of the courtroom. Look no further than the West Palm Beach domestic violence lawyer at Haber | Blank LLP. Call us today at 954-767-0300 to schedule a free consultation.
