Top North Miami Beach, FL Domestic Violence - Criminal Lawyers Near You
Top-Rated LOCAL Criminal Defense. 150+ Yrs Combined Experience. A+ BBB, Super Lawyers, Superb 10 AVVO, Top 100 Trial Lawyers.
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Experienced and Aggressive Criminal Defense Throughout the State of Florida.
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We FIGHT To Get Results. 45+ Years Combined Criminal Defense Experience. Ready to AGGRESSIVELY defend your rights and freedom.
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24/7 Strategic Defense. Choose Local, Former Prosecutors to Defend You. 5000+ Cases Dismissed. Hablamos Español.
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1 W. Las Olas Blvd, Suite 600, Fort Lauderdale, FL 33301
A law firm in North Miami Beach, Florida, Schwartzreich & Associates, P.A. experienced in helping clients with Domestic Violence - Criminal issues.
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9130 S Dadeland Blvd, Two Datran Center, Suite 1910, Miami, FL 33156
Get experienced legal representation for Domestic Violence - Criminal issues. Clients in North Miami Beach, Florida can turn to Jeffrey S. Weiner, P.A. for help.
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4123 Eastridge Circle, Pompano Beach, FL 33064
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Law Offices of Charles L. Waechter has experience helping clients with their Domestic Violence - Criminal needs in North Miami Beach, Florida.
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4601 Military Trail, Suite 206, Jupiter, FL 33458-4837
Assisting people in Florida with their Domestic Violence - Criminal needs. Learn More.
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1001 Brickell Bay Drive, Suite 2700 M-1, Miami, FL 33131
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O’Brien Hatfield, PA has experience helping clients with their Domestic Violence - Criminal needs in North Miami Beach, Florida.
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7950 NW 53rd St., Suite 337, Miami, FL 33166
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Musca Law has experience helping clients with their Domestic Violence - Criminal needs in North Miami Beach, Florida.
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1000 5th St #208600 SE US Hwy 19, Miami Beach, FL 33139
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Whittel & Melton, LLC can help you find legal solutions for your Domestic Violence - Criminal issue. The practice serves the North Miami Beach, Florida area.
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2420 Coral Way, Miami, FL 33145
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Assisting with Domestic Violence - Criminal issues in North Miami Beach and across Florida.
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14707 S Dixie Hwy, Suite 302, Miami, FL 33176
Representing people in North Miami Beach, Florida with their Domestic Violence - Criminal issues.
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100 SE 2nd Street, Suite 2100, Miami, FL 33131
6400 N. Andrews Avenue, Suite 510, Fort Lauderdale, FL 33309
413 SE 18th St, Fort Lauderdale, FL 33316
2030 S. Douglas Road, Suite 214, Coral Gables, FL 33134
4800 N Federal Hwy, Suite 205B, Boca Raton, FL 33431
Courthouse Center, 40 Northwest 3rd Street, Suite 200, Miami, FL 33128
355 Alhambra Circle, Suite 1250, Coral Gables, FL 33134
200 S. Biscayne Blvd., Suite 3400, Miami, FL 33131
916 S Andrews Ave, Fort Lauderdale, FL 33316
7351 Wiles road, Suite 101, Coral Springs, FL 33067
2424 N Federal Hwy, Suite 200, Boca Raton, FL 33431
2465 Mercer Ave, #206, West Palm Beach, FL 33401
721 NE 3rd Ave., Fort Lauderdale, FL 33304
One Biscayne Tower, 2 S. Biscayne Blvd, Suite 2750, Miami, FL 33131
201 S. Biscayne Blvd., Suite 3400, Miami, FL 33131
66 W. Flager Street, Suite 600, Miami, FL 33130
North Miami Beach Domestic Violence - Criminal Information
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What Is Criminal Domestic Violence?
Criminal domestic violence occurs when a spouse or partner commits an act (or willfully threatens with the reasonable capacity to commit an act) of violence against the victim. Sexual abuse, spousal rape, intimate partner violence, battery and assault are all in territory nearby to criminal domestic violence, and charges spurring from such allegations often take these forms as well.
Under the expanded protections afforded to victims of domestic violence via the 1994 Violence Against Women Act (VAWA), emotional abuse, economic abuse (controlling finances to control behavior and force compliance from the victim) and psychological abuse can all be considered to be forms of domestic violence.
What Is The Difference Between Civil vs. Criminal Domestic Violence?
While criminal domestic violence, and charges pertaining to any number of offenses beneath that legal umbrella, are heard in criminal court, there are civil remedies available.
Civil courts are generally called upon, in alleged situations of domestic violence, to produce a restraining or protective order in favor of the alleged victim. Such an order may call for the defendant to maintain a physical distance from the victim and other family members, and violation of this civil order can result in immediate criminal charges.
Criminal domestic violence cases have a much higher burden of proof to clear. The onus is placed on the plaintiff to prove beyond any reasonable doubt that acts of abuse did occur. Civil courts have a much lower standard of proof in terms of awarding protective orders or restraining orders, but it is a common defensive strategy employed by alleged victims to set such boundaries before proceeding to a criminal case if deemed necessary.
Is Criminal Domestic Violence a Felony?
Acts of criminal domestic violence can be charged as either felonies or misdemeanors, depending on the specific nature of the charges as well as the jurisdiction. Cases heard in federal court are almost always prosecuted as felony charges.
At the state level, domestic violence charges can range from misdemeanor offenses to felony offenses. In some states, both third degree and second degree domestic violence charges are classified as misdemeanors, with first degree domestic violence and domestic violence of a high and aggravated nature (DVHAN) being classified as felonies.
It should be mentioned that domestic violence charges could also be classified as sexual abuse, battery, aggravated battery, or similar, rather than as strictly related to domestic violence.
What Is the Penalty for First-Degree Criminal Domestic Violence?
Federal domestic violence charges typically relate to the underpinning crime, although protections afforded via VAWA allow for additional charges to be appended to larger offenses. Battery, aggravated battery and sexual abuse charges can lead to 20 years to life in prison if you are found guilty of more serious offenses.
At the state level, punishments in response to first-degree (or aggravated) criminal domestic violence typically range from two years behind bars to up to 10 years imprisonment.
What Are Other Penalties for Criminal Domestic Violence?
With third and second degree domestic abuse charges being more common than first-degree or aggravated domestic abuse charges, penalties are less severe than those listed above. Domestic battery is sometimes listed as a first degree misdemeanor with a potential punishment, for those found guilty, of up to one year in county jail. Probation and a fine of up to $1,000 may also be a penalty for domestic violence.
How Can a Lawyer Help With Criminal Domestic Violence Charges in Florida?
All charges of domestic violence — felony or misdemeanor — should be taken seriously. A conviction could result in a sizable jail or prison sentence in addition to substantial fines and restitution.
An experienced criminal defense attorney familiar with case law pertaining to domestic violence can help guide you through the facts and discuss the material evidence to craft the best case possible.
An attorney can also often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors.