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Domestic Violence

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Domestic Violence

MIAMI DOMESTIC VIOLENCE ATTORNEY

ALSO SERVING BROWARD & PALM BEACH COUNTIES

Domestic violence arrests are common in Miami and around the state of Florida. These arrests occur when police are called to the scene of a domestic disturbance between couples or household members. What can start out as an argument can escalate into a heated dispute and a call to the police. Once law enforcement is called in, their obligation is to ensure the safety of those involved. They will generally arrest whom they believe to be the primary aggressor. This can occur even if the alleged victim wishes to let the matter go or to withdraw any complaint. Law enforcement believes the safest way to handle these incidents is to make an arrest and let the courts determine the outcome.

Unfortunately, if you are charged with a domestic violence crime, it can lead to serious consequences. That is because any crime committed in the context of the family or domestic setting is treated very differently than if it had occurred elsewhere. To fight for an optimum outcome, you will need to enlist the help of an experienced criminal defense lawyer. At Prya Murad Law, PLLC, you can turn to an attorney who has devoted her career to this field and who has built a reputation for competence in representation and compassion when dealing with clients facing legal crises.

Time is a critical concern for anyone recently arrested for domestic violence in Miami. You could be forced out of your home or kept in police custody until your preliminary hearing, and it’s vital to act quickly to secure the defense representation you need to approach your case with confidence. Reach out to Prya Mura Law online or by calling (305) 393-0751 to schedule an initial consultation with our Miami domestic violence lawyer. Hablamos español.

BENEFITS OF DEFENSE COUNSEL YOU CAN TRUST IN MIAMI

A conviction for a domestic violence offense would leave you with a permanent criminal record and a record of a civil injunction if one was issued. These records can have a major negative impact on your personal and professional life going forward. Bringing in an attorney who understands the intricacies of domestic violence law and how to build effective defenses is vital to your effort to obtain the best possible case outcome. You can depend on Prya Murad Law, PLLC, for a thorough and dedicated defense.

Every American citizen has the right to legal representation when they are charged with a crime. If you don’t want to pay a private attorney’s fee or if you cannot afford to hire one, the court can appoint a public defender to represent you at no charge. However, if you have the means to do so, hiring an experienced Miami domestic violence attorney will mean more personalized attention and care in your criminal defense case.

If you were falsely accused of committing the crime in question, your defense attorney could help you establish an alibi and gather the exculpatory evidence you need to have your domestic violence charge dismissed. It’s possible that you will need to prove your accuser is actually the one who started the altercation in question. Ultimately, every case is unique, and Attorney Prya Murad can provide the compassionate and responsive representation you need to navigate your case with confidence.

DOMESTIC VIOLENCE IN FLORIDA

Under Florida law, domestic violence is the label for various crimes committed against family or household members by other family or household members. These are crimes that can cause physical injury or death.

Many domestic violence offenses recognized by Florida state law mirror other similar offenses that fall outside the purview of domestic violence. The determining factor as to whether an incident qualifies as domestic violence is if the parties involved are members of the same household and/or family. These crimes include:

  • Assault and aggravated assault. It’s possible for a defendant to face a standard assault charge if they threaten to physically harm another person outside of their family and/or household. This offense can lead to fines, incarceration, and restitution to the victim for their damages. When this type of offense qualifies as domestic violence, the penalties escalate significantly. For example, the defendant may face a longer jail sentence, a heavier fine, and loss of their child custody or visitation rights.
  • Battery and aggravated battery. Assault is the making of a threat, and battery is carrying out the threat. Penalties for conviction of domestic battery are much more severe than the penalties for standard battery.
  • Sexual assault and sexual battery. Sex-related criminal offenses committed in the context of domestic violence often qualify as felonies. The defendant could face time in state prison and compulsory registration as a sex offender, potentially for life. This can severely limit residency options and employment opportunities in the future.
  • Stalking and aggravated stalking. Following a former partner or spouse without their knowledge, leering through the windows of their home, or other stalking-related actions qualify as domestic violence in Florida.
  • Kidnapping. Restraining another person and forcibly taking them anywhere against their will is kidnapping in Florida. This charge is most often levied against a parent who violates a custody order, such as illegally taking their child out of the country without a custodial parent’s consent or refusing to abide by the terms of a visitation order.
  • False imprisonment. If one family member keeps another locked inside their home and refuses to allow them to communicate with anyone else, this can have a severely distressing and psychologically traumatic effect on the victim.
  • Any other offense that causes physical injury or death. Domestic violence cases unfold in various ways, and the penalties a defendant faces typically hinge on the severity of the offense they committed, the age and status of the victim, and the damages caused by their actions.

Those who are considered family or household members include current and former spouses, individuals related by blood or marriage, those currently or who have formerly lived together, and those who have a child in common, whether ever married or not. Family members do not necessarily need to live with one another for domestic violence to arise among them. Similarly, household members do not need to be related for them to experience an incident of domestic violence.

How you are charged in a domestic violence crime will depend on the nature of the offense, whether a weapon was used, and your previous convictions, if any. These charges can range from a second-degree or first-degree misdemeanor to a felony charge of the third, second, or first degree. Penalties can include probation, jail or prison time, fines ranging from $500 up to $10,000, and completion of a batterers’ program.

You may also be named in a civil injunction for the protection of the alleged victim. This injunction will prohibit you from any contact with the alleged victim and you may lose the right to have access to your children.

BUILDING YOUR DEFENSE AGAINST DOMESTIC VIOLENCE CHARGES

It’s easy for anyone charged with domestic violence to feel isolated, as though the whole Florida criminal justice system is working against them. This is especially true if you have been wrongfully accused of committing domestic violence. Many of these cases arise from the aggressor filing a domestic violence complaint against their victim, claiming they were the one to start the dispute in question. Ultimately, many domestic violence cases boil down to one party’s word against another’s, and the police will almost always side with the alleged victim.

Whether you were wrongfully accused or did commit a domestic violence offense of any kind, an arrest can be a distressing and traumatic experience. It’s understandable to worry about the potential penalties you face and the long-term implications of your conviction. However, the right Miami domestic violence attorney can not only help you approach your case with greater confidence but also have a better chance of securing the most favorable possible outcome for your case. For example, successfully avoiding a conviction for your current domestic violence charge may require that you actually acted in self-defense and your accuser is the one who started the violence in question.

Your criminal case will begin with a preliminary hearing after arrest and booking. It is vital that you do not resist arrest, as this will worsen your situation and likely lead to additional charges. Comply with police directions during arrest and booking but say nothing until you can speak with a defense attorney you can trust.

Depending on the nature and severity of the offense in question, you may be required to abide by a restraining order until your hearing. Most domestic violence cases will lead to initial temporary restraining orders against defendants, and at the preliminary hearing, the judge will decide whether to rescind the order or turn it into a permanent protective order.

FIND YOUR DEFENSE ATTORNEY TODAY

Ultimately, the outcome of any domestic violence case can impact your future in various ways, and it’s essential to have defense counsel you can trust to aid you in navigating your case’s more complex details. Prya Murad Law, PLLC, can provide the comprehensive and compassionate defense counsel you need on your side when faced with domestic violence charges in Miami.

Prya Murad Law, PLLC, has extensive professional experience handling domestic violence cases in Miami. Our firm has successfully defended many past clients in difficult domestic violence cases, and we can put this experience to work in your case. Contact us today and schedule your consultation with a Miami domestic violence attorney you can trust.

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