Although no relationship is free from conflict, domestic violence is a serious offense that is vigorously prosecuted in Florida. A conviction may result in harsh penalties, including imprisonment, an order of no contact and the loss of certain civil rights, including the right to own or possess a firearm. Even if you are found not guilty, being accused of domestic violence can cause lasting damage to your reputation. When your freedom and good name are on the line, it is crucial to consult an experienced Wellington criminal defense attorney.
Herman Law, P.A., defends clients against domestic violence charges in Wellington and throughout South Florida. We have a well-earned reputation for being tough criminal defense attorneys who fight tirelessly for our clients. Knowing that being accused of domestic violence is an overwhelming experience, we will take the time to explain all of your rights and help you navigate the criminal justice system. Above all, we believe that anyone accused of domestic violence is entitled to the presumption of innocence and the powerful representation we can provide.
What is domestic violence in Wellington, Florida
Under Florida law, domestic violence is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense that ends in physical injury or death of either a family member or household member of the alleged offender.
In addition, a person classified as a family or household member includes:
- Current or former spouses
- Individuals related by blood or marriage
- Individuals who live together presently as a family
- Individuals who lived together as a family previously
- Parents of a child in common (regardless of whether they are or have been married)
With the exception of those who have a child together, family or household members must either be currently living together or have resided together in the past.
Penalties for Domestic Violence
Domestic violence is vigorously prosecuted in Wellington, regardless of whether or not the alleged victim decides to press charges; charges can only be dismissed by prosecutors. While domestic violence is commonly charged as a misdemeanor, certain factors may result in felony charges:
- Past history of domestic violence or violent crime
- Serious injuries to the victim
- Allegations of strangulation
- Threatening or assaulting the victim with a weapon
Some of the most common domestic violence charges in Wellington include:
- Assault — second-degree misdemeanor
- Aggravated Assault — third-degree felony
- Battery — first-degree misdemeanor
- Aggravated Battery — second-degree felony
- Felony Battery – third-degree felony
- Stalking — first-degree misdemeanor
In any event, a conviction for misdemeanor domestic violence in Wellington may result in a minimum of 5 days in county jail, up to one year probation, and mandatory participation in a domestic violence treatment program. You may also forfeit your right to own or carry a gun or be denied visitation rights with your children. A conviction for a more serious offense, such as domestic violence battery, or felony charges, may result in a longer prison sentence and fines.
What is a no contact order?
In domestic violence cases, the court may issue a mandatory no contact order barring the defendant from contacting, threatening or harming the alleged victim. The court may also order the defendant to vacate the family home, surrender his or her firearms, and refrain from drug or alcohol use. It is important to note that violating a no contact order is also considered to be a criminal offense that may result in additional penalties.
Defenses to Domestic Violence Charges
To gain a conviction, prosecutors must be able to prove the underlying crime –- whether it is assault or sexual battery for example –- and then prove that the alleged victim was a family or household member as defined by Florida law. At Herman Law, P.A., we know how to assert a number of defenses against domestic violence.
In the event that false accusations of domestic violence have been made against you, which is not uncommon in contentious divorces or child custody disputes, we will work to show inconsistencies between the accuser’s claims, police reports and witness accounts. Depending on the circumstances, we may also be able to show that you were acting in self-defense or to protect your children from harm, provided that you did not initiate the contact.
Call Our Wellington Domestic Violence Defense Attorney
When you consult Herman Law, P.A., you will have access to a premier domestic violence defense attorney. Prior to launching his private practice, attorney Ron D. Herman served as an Assistant State Attorney in Fort Lauderdale and West Palm Beach, where he eventually became the division lead for the domestic violence unit. This experience gave Ron insight into the tactics that prosecutors will use to gain a conviction. Far too often, individuals who have been charged with domestic violence agree to a plea bargain with prosecutors, only to be left with a permanent criminal record. If you have been charged with domestic violence in Wellington, the sooner you contact Herman Law, P.A. the sooner we can begin to protect your freedom and your reputation.