Domestic Violence Defense Lawyer
Few people can arouse our emotions like a loved one. Unfortunately, this is true of both our positive emotions and our negative emotions. A highly emotional situation can lead to a situation where you lose control, committing an act of domestic violence. In other cases, intense emotions can prompt an individual to make false allegations of domestic violence against a spouse, resulting in serious legal troubles.
Whatever led to the domestic violence arrest, it’s important that you seek help from a qualified Tampa domestic abuse lawyer who has the experience and strategies required to maximize your chances of bringing about a favorable conclusion to your case. Domestic violence cases are prosecuted quite harshly, with the penalties often exceeding those that one might see for a comparable crime committed against a total stranger.
Serving clients through Tampa, Plant City, Brandon and beyond, your lawyer. is a former prosecutor-turned-defense lawyer who has been in practice for over 20 years. In the early years of his career, he served as a domestic violence prosecutor with the Florida State Attorney’s Office, serving in other roles such as narcotics and DUI prosecution at both the felony and misdemeanor levels. He also went on to serve as an instructor for Hillsborough County attorneys and was on the faculty for Board Certification in Criminal Law presented by the Florida Association of Criminal Defense Lawyers. Ultimately, he shifted to criminal defense, which has been his focus for the past decades.
Winning Result Recent Case Involving Domestic Violence Domestic Violence
Not Guilty: Court found client and alleged victim had engaged in a mutual shoving match, that there was no indication that one or the other did not wish to be engaged in this conduct or initiated such conduct.
Before earning his law degree and racking up wins in the courtroom, your Attorney was racking up wins with professional racecar drivers. During his career, he managed drivers and won championships in the rough and tumble world of sprint car racing. Later the racing venues shifted into high gear at the highest levels of American stock car racing. His time in the sports world led him to realize the true importance of a solid strategy. Today, he’s here to serve as the MVP on your legal defense team. He even provides clients with his personal cell phone number so that they can seek help any hour of the day or night.
If you or a loved one have been arrested for domestic violence in Florida, your defense lawyer is here to help. Arrange your confidential case evaluation today by calling 813-933-6807.
Florida Domestic Violence Cases: Common Questions and Concerns Following an Arrest FAQ
Getting arrested for domestic violence can be a terrible experience, especially once you calm and realize the embarrassment and consequences that this experience can bring.
Our firm has found that addressing a client’s questions can go a long way toward alleviating many of their concerns. So let’s look at some of the most common concerns surrounding a domestic violence arrest.
What’s the Definition of Domestic Violence in Florida?
Florida law defines domestic violence as any act of assault, sexual assault, battery, aggravated battery, sexual battery, kidnapping, stalking, aggravated stalking, false imprisonment or any other criminal offense that results in the injury or death caused by one family or household member against another family or household member.
Is a Domestic Violence Charge Considered a Misdemeanor or Felony?
[Image: Tampa Domestic Violence Lawyer] There is no one specific “domestic violence” charge per se; domestic violence refers to a range of different violent offenses involving spouses, non-married parents of a child, individuals who are in a dating relationship, and other family and household members.
Therefore, the nature and severity of the act will determine whether a case is charged as a misdemeanor or as a felony. Generally, cases involving certain circumstances may be subject to serious felony charges. These circumstances can include:
- causing great bodily harm to the victim;
- abuse of a pregnant victim;
- strangulation of a victim;
- stalking that constitutes a violation of an injunction; and
- assaults involving a deadly weapon.
Additionally, crimes against children are typically prosecuted as felonies.
The severity of the charge determines, in part, what type of sentence an individual may face. Individuals convicted of a felony with a prior criminal record (especially one involving violent crimes) are more likely to see a sentence of prison time, along with monetary fines.
What Happens if I’m Arrested for Domestic Violence in Tampa?
Following a domestic violence arrest, the defendant will typically remain in police custody until they are brought to court for what will be the first court hearing in the case.
Bail/bond is not typically granted immediately after the DV arrest to prevent a situation where the suspect leaves police custody while still upset, returning to harm the victim. Keeping the individual in custody until their first court appearance serves as a “cooling off” period of sorts.
In that first court appearance, the judge will decide whether you will be released on bond. Factors include the nature of the alleged crime, the individual’s criminal history and other factors, such as whether the victim is in serious fear for his or her safety.
What Happens if the Victim Decides Against Pursuing the Charges?
Often, a domestic violence arrest occurs while emotions are intense. Once the situation cools off, the victim may decide that he or she no longer wishes to pursue the case. In some cases, the victim may be able to complete a Waiver of Prosecution.
With many cases, the prosecutor may opt to pursue the case, even without the victim’s cooperation.
One option is enrollment in a domestic violence diversion program in lieu of trial. This option is typically only available for first-time offenders who do not have a prior record. If admitted into the program, the defendant is required to attend counseling and probation-like supervision for a period of time. If he or she completes the diversion program successfully and no new criminal charges are filed, then the State Attorney typically drops the charges.
If the diversion program is not completed successfully or if new criminal charges arise prior to the case’s completion, prosecution typically proceeds.
Hire a Florida Domestic Violence Defense Lawyer to Oversee Your Case
[Image: Domestic Violence Defense Lawyer] A domestic violence case can lead to some very serious consequences, leaving you with a criminal record that can make it challenging to get a job, rent a home or even attend college. And that says nothing of the potential sentence if convicted, which can include hefty fines, jail time and more.
With thousands of cases and hundreds of trials under his belt, your Florida domestic violence attorney can assist clients in Tampa, Brandon, Plant City, offering a strategic and aggressive defense. But it’s important to reach out as soon as possible, as this will increase your chances of seeing a positive case conclusion.
If you or a loved one are under arrest for a domestic violence crime in the Tampa Bay region, contact us to schedule a free, confidential case consultation. Call 813-933-6807.