Domestic Violence Defense
Domestic violence has been subjected to intense scrutiny by the Florida legislature. A variety of offenses, including assault, battery, and false imprisonment may fall under the general category of domestic violence crimes.
Over the past few years, law enforcement has developed new policies, the court system has implemented far-reaching changes and prosecuting attorneys have taken an active role in zealously enforcing domestic violence laws.
Under Florida law, an individual who has been previously convicted or has received a “withhold of adjudication” for domestic violence, simple battery, aggravated battery, or felony battery, will be charged with a felony for any subsequent charge of domestic violence. Florida law provides that anyone convicted of domestic violence must attend and successfully complete a Batterers Intervention Program as a condition of probation or house arrest. The probationary period, by law, must last a minimum of one year. This program generally consists of twenty-six consecutive weeks of counseling, instruction, and supervision at the Defendant’s expense.
Any concealed weapons permit and privileges to carry a concealed weapon may be subject to immediate suspension if arrested for a domestic violence crime. If caught carrying a concealed weapon at a time that your permit is under suspension, the individual may be charged with a felony offense that carries penalties of up to five years in state prison. In the State of Florida, it is a federal crime to own, use, or possess a firearm after you have been convicted of domestic violence.
A conviction for domestic violence may provide a sufficient legal basis for the issuance of a permanent restraining order. Such a restraining order will often include a restriction prohibiting you from returning to the residence previously shared with the alleged victim. Any subsequent violation of the restraining order may not only subject you to contempt of court proceedings, but also prosecution for a new criminal offense.
As your legal counsel, we will thoroughly review the evidence against you, witness statements, police reports, and any other relevant factors, such as the circumstances of your arrest and the actions of law enforcement officers. If there are areas to provide reasonable doubt, our goal is to find and present them to the prosecutor, judge and/or jury.
If you have been arrested and charged with a domestic violence crime, seek the legal advice and representation of an experienced domestic violence defense attorney. At The Law Offices of Peter A. Shapiro & Jonathan D. Wilson, you will work with an experienced lawyer who is dedicated to protecting the rights of individuals charged with criminal domestic violence or any other additional criminal charges throughout the Central Florida area and its surrounding counties.
Call 407.420.1044 to discuss your legal rights, options, and potential domestic violence crime defense strategies. You may also contact us by filling out our online case evaluation form.