If you or someone you love is under investigation or was arrested for domestic violence, it is important to speak with a knowledgeable domestic violence lawyer. There is a chance of spending a night in jail, serving prison time as well as being under house arrest. This needs to be done as soon as possible to make certain a person’s rights are protected. A domestic violence lawyer will have the necessary experience to minimize the consequences.
Domestic Violence
In the state of Florida, there are various relationships and situations that could meet the definition of domestic violence. There is one thing they all have in common, there is an allegation of harm or violence committed by the accused. It is believed to have been done against an individual they are intimate with, have previously been intimate with or are closely related.
Florida Law
The definition of domestic violence under Florida law includes any false imprisonment, assault, kidnapping, battery, aggravated stalking, aggravated battery, stalking as well as sexual battery. It also includes any type of criminal offense that results in the physical injury of a household member or family member. This includes persons related by marriage, blood, spouses, former spouses, individuals living together in a family situation. Individuals who are parents of a child. It doesn’t matter if they are living together or are married.
Misdemeanor
Most of the domestic violence cases in Florida are charged as misdemeanor battery. Often this happens because a boyfriend, girlfriend or spouse is charged with violence against their significant other. This can happen when the contact is minimal. According to the law, a victim isn’t required to be injured. Someone can be charged with domestic violence for something as minimal as a push. More serious violence is often charged as felonies.
Punishment
Those who are convicted of domestic violence could face serious punishment. It could result in a sentence involving years in prison. A misdemeanor or felony conviction will be part of a person’s public record. For a non-US citizen, it can harm their immigration status. Any type of conviction for domestic violence could result in various punishments such as jail time, probation, house arrest, and fines.
Sealing Or Expungement
According to Florida law, anyone who is convicted of a crime that is domestic-related, and involves violence, won’t have their records sealed or expunged. It does not matter if their adjudication is withheld. This means even if a person pleads no contest, and isn’t formally convicted of the crime, it will remain on their permanent record. There are no exceptions to this under the law.
Anyone who is facing a charge of domestic violence could be facing serious punishment. This is when you should contact an experienced domestic violence attorney. They will know how to carefully examine the facts and evidence of a case. These trained legal experts will know how to tell their client’s side of the story as they protect their client’s rights. A domestic violence attorney will know how to obtain the best possible outcome in this type of situation.
Roy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J. Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.
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