It may have started as a simple dispute and the argument escalated and spiraled out of control very quickly. However, a domestic violence arrest can have a protracted impact on the lives of all the parties involved. Fort Lauderdale Domestic Violence Attorney, Dave Simmons, from the Law Offices of Dave L. Simmons, P.A., understands his clients are facing very serious penalties along with the detrimental impact on their livelihoods and reputation when faced with this criminal offense.
A strong and successful defense will be predicated upon the defense attorney’s ability to asses all of the facts in the case, point out the weakness and flaws in the officer’s investigation and effectively attack all of the holes in the State’s case. Broward Domestic Violence Attorney Dave Simmons has the skill and experience to employ these effective defense strategies.
“Domestic violence” in the state of Florida is generally defined as an act of violence against a family member, household member or a former family member. It is considered a violent crime in the state of Florida and can be filed as either a misdemeanor or a felony. Generally, when there are reports of severe or substantial injury or the involvement of weapons, the case is filed as a Felony, otherwise the case is filed as a Misdemeanor. A conviction for the charge of Domestic Violence (even upon a plea of no contest and a withholding of adjudication) will result in a permanent criminal record as the law precludes one from sealing this record.
Domestic Violence is defined by F.S. 741.28 as any assault, aggravated assault, battery, aggravated battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense that ends in physical injury or death of a family member or household member of the alleged offender.
A person is classified as a family member or former family member in the following circumstances:
- Married couples
- Former spouses
- Individuals who presently live together as a family
- individuals who have previously lived together as a family
- Individuals who are parents of a child in common regardless of marriage.
- individuals in a "dating relationship"
With the exception of those who have had a child together, family or household members have to be either currently living together or have resided together in the past.
Allegations of domestic violence are taken very serious in Florida. The offense is vigorously prosecuted with penalties and long term consequences that are far more draconian for the same charge not under the “domestic violence” umbrella.
Some of the most commons domestic violence charges include:
- Battery (Fla. Stat. 784.03) is defined as (1) actually and intentionally touching or striking another person against the will of another or (2) intentionally causing bodily harm to another person.
- Aggravated Battery (Fla. Stat. 784.045) is defined as a person committing battery (1) intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement or (2) uses a deadly weapon.
- Assault (Fla. Stat. 784.011) is defined an intentional unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that the violence is imminent.
- Aggravated Assault (Fla. Stat. 784.021) is defined as an assault with (1) a deadly weapon without the intent to kill and (2) with an intent to commit a felony.
- Felony Battery (Fla. Stat. 784.041) is defined as a person actually and intentionally touches or strikes smother person against the will of another; and causes great bodily harm, permanent disability, or permanent disfigurement.
- Stalking (Fla. Stat. 784.048) is defined as any person who willfully, maliciously and repeatedly follows, or harasses, or cyberstalks another person.
- Aggravated Stalking (Fla. Stat 784.048(3)) is defined as any person who willfully, maliciously and repeatedly follows, or harasses, or cyberstalks another person, and makes a credible threat with the intent to place that person in reasonable fear of death, or bodily injury of the person, or the person's child, sibling, spouse, parent, or dependent.
- Domestic Battery by Strangulation (Fla. Stat. 784.041(2)(a)) is defined by a person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm, by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person.
Domestic violence in now in the fore front of the community with the belief that it is a widespread problem within the state.
When law enforcement officers are called to a domestic violence seen, they are often confronted with volatile confrontations, coupled with the strong public sentiment to treat these episodes with strict liability, the odds that an arrest is going to be made when officers respond to a domestic violence call are extremely high.
With this in mind, the good news, is that these police investigations are often very poorly constructed. Many times, important evidence is simply not collected and potential key witnesses are never questioned.
The Law Offices of Dave L. Simmons, P.A.
"Defending Your Domestic Violence Charges in Court" REPRESENTATION BY AN EXPERIENCED
FORT LAUDERDALE DOMESTIC VIOLENCE ATTORNEY
There has been a call to action to protect victims of domestic violence and the sanctions have been drafted accordingly. Unfortunately, there are also victims of false accusations of domestic violence. Fort Lauderdale Domestic Violence Attorney, Dave Simmons, believes that many of these cases are based on false allegations or distorted truths. We see this manipulation of the system often and especially in situations of divorce and child custody. It is the charge of an effective domestic violence attorney to uncover the truth and expose these false allegations.
Domestic Violence Lawyer, Dave Simmons, effectively defends his clients against domestic violence charges and often obtains dismissal of cases even prior to the cases being formally filed.
Fort Lauderdale Domestic Violence Lawyer, Dave Simmons, helps his clients navigate these complex waters including the following underlying issues.
- What You Need to Know after a Domestic Violence Arrest
- Defenses to Domestic Violence Charges
- Sealing and Expunging Restrictions
The Domestic Violence Law in the state of Florida is complex. It incorporates mandatory minimum sentencing guidelines. Sanctions for a Domestic Violence conviction after a plea can include the following:
- Mandatory 26 week Batter's Intervention Program
- Mandatory 12 months of Probation
- A Permanent Criminal Record that can never be sealed or expunged upon a plea
- Community Service Hours
- Loss of Gun Ownership Rights
- County Jail or Prison Sentences
- No contact Order imposed