It is devastating to deal with accusations of domestic violence or charges that arise from a misunderstanding by law enforcement. Domestic violence charges can be damaging to your professional life, your personal relationships, and your entire future. This is why it’s essential you get the support of a Fort Myers domestic violence defense lawyer. A strong strategic defense against the prosecution’s case is necessary to protect your freedom and future.
It can feel horrifying and even sickening to be accused of domestic violence. In this incredibly difficult time in your life, you need diligent, aggressive legal representation that treats you with compassion. At Atlas Defense Law, we are a leader in criminal defense with almost two decades of legal experience and significant trial experience in over 50 trials.
We understand how overwhelming these cases are when you have never navigated the criminal justice system before. Our team works to explain the case against you, listens to your side of the story, and determines the most effective defense strategy. Benjamin Abdulnour is a seasoned trial attorney and has obtained several acquittals. He answers all calls personally. He supports you in achieving the most ideal outcome possible in your criminal case.
Understanding how the law defines domestic violence is crucial when defending against accusations. Florida law defines domestic violence offenses as any of the following committed against a family or household member:
The law also defines a family or household member as any of the following relationships between the alleged offender and victim:
All these individuals must currently live together or have lived together in the past, except for individuals with a child in common.
In Lee County, there were 3,390 domestic violence offenses in 2020, and 2,308 arrests. More than 2,700 of these offenses were cases of simple assault, while nearly 500 were aggravated assault.
Nearly 1,400 victims in Lee County were cohabitants with their offenders. Other victim relationships to their offenders in 2020 included:
Domestic violence affects the lives of many people throughout Florida and Lee County, which is why courts like the Sixth District in Fort Myers take it very seriously. Unfortunately, this can sometimes mean individuals are charged with exaggerated claims, or even that domestic violence victims can be accused of this offense.
The penalties for domestic violence offenses depend on the specific offense committed. For example, both assault and stalking offenses are charged as misdemeanors in the first degree, which results in:
Felony battery, domestic battery by strangulation, aggravated assault, and aggravated stalking are all offenses charged as a felony in the third degree. This can lead to:
There are also minimum sentences for those convicted of domestic violence offenses. If intentional bodily harm came to the victim, there is a minimum of 10 days in jail as part of the penalties. This increases with repeat offenses. If the offense caused harm intentionally and occurred in front of a child, penalties include a minimum of 15 days in jail for a first offense.
Certain offenses can result in much higher felony penalties, and there are also collateral consequences to consider. Fighting the charges and securing a dismissal or acquittal is the most effective way to prevent these serious consequences.
A: The cost to defend against a domestic violence case depends on the attorney you work with and other factors about your situation. A more complex domestic violence case, especially one that goes to trial, is likely to be more costly. Always discuss fees with your defense attorney. A more experienced attorney will often cost more but may be able to secure a better outcome more quickly.
A: There is no one ideal defense for domestic violence charges, because the right defense should be tailored to your unique case. If you acted in self-defense or defense of others, this would be important in your defense. If the accusations against you are false, then your attorney may challenge the testimony against you, review forensic evidence, and other information to prove the claims are false. Witnesses may also be used to support your case.
A: Many domestic violence cases are dismissed because the victim of the offense does not want to testify or cooperate with the case. These offenses are traumatizing, and many people want to move forward with their lives rather than relive them in court. In some cases, the victim doesn’t want to cooperate because their charges were exaggerated or false. Because victim testimony is often essential evidence, the prosecution may lack sufficient evidence without it.
A: You should hire a domestic violence defense lawyer in Fort Myers to protect yourself from serious criminal penalties. Being accused of domestic violence can harm your future, your reputation, and much more in your life. An attorney can listen to your side of things and build a defense.
They can investigate the alleged offense, the arrest, and the case the prosecution has against you. With a defense attorney, you are more likely to minimize or avoid the penalties of conviction.
You need effective domestic violence defense strategies when you are charged with these serious offenses. Atlas Defense Law can provide the comprehensive, diligent legal representation you need. Contact our firm today.
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