Orlando Domestic Violence Defense Lawyer

Orlando Domestic Violence Defense Attorney

Domestic violence charges result in serious criminal penalties like any violent offense and also carry significantly greater social stigma and consequences. These crimes are committed against family members, partners, and household members. If you are facing an accusation or charge of domestic violence, an Orlando domestic violence lawyer can help you protect your rights and defend yourself.

Domestic violence is a serious situation which affects an entire family. Unfortunately, there are situations where accusations of domestic violence are unfounded, come from misunderstanding or mutual violence, or are even filed against the victim of domestic violence by their abuser.

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A domestic violence conviction can result in imprisonment, fines, and a criminal record that affects your entire future. You may also face limitations on what you can do or where you can go because of protective injunctions. The most effective way to avoid these long-term limitations on your future is to find a skilled lawyer to represent you.

Robert B. Fisher, P.A. has 45 years of experience in the criminal justice system, defending the rights of those accused of offenses. His guidance helps you understand the charges against you and what options you have to mitigate or prevent criminal conviction. He works diligently to secure you the justice you deserve, investigating and preparing for a case with attention to necessary details. Robert B. Fisher fights for the most favorable outcome possible to your case.

What Are Florida Domestic Violence Laws?

Domestic violence crimes are crimes of violence and abuse committed against a family member or a member of the same household. They are prosecuted as violent crimes under criminal statutes. Domestic violence includes crimes such as:

• Assault and Aggravated Assault
• Battery and Aggravated Battery
• Sexual Assault
• Sexual Battery
• Stalking and Aggravated Stalking
• Kidnapping and False Imprisonment
• Any Criminal Offense Causing Injury or Death

These acts are considered domestic violence crimes when committed by individuals who have one of the following relationships with the victim:

• Spouse
• Former spouse
• Related by blood or marriage, including parents and children or step-children, or grandparents and grandchildren
• Living or having lived in the same residence as if they are a family
• Parents of the same child

Except for individuals with a child in common, each of these relationships must have previously resided together or currently reside together for it to be considered a crime of domestic violence.

Repeat or Dating violence also includes violence between individuals who are dating or who have a continued and substantial romantic or intimate relationship. In order to determine if the relationship exists, it must have existed within the past six months, be characterized by affection or sexual relations between parties, and continual involvement over time.

Domestic Violence Criminal Offenses

It’s important to understand the violent offenses that are considered domestic violence crimes. These include:

• Assault: This is the offense of threatening to commit violence through word or act and the ability to follow through, causing reasonable fear in the victim. This is a second-degree misdemeanor, which may include up to 60 days in jail and a fine of up to $500.
• Aggravated Assault: An assault charge is elevated to aggravated assault when there is the presence of a deadly weapon and no intent to kill or the intent to commit a felony is present. This is a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000.
• Battery: Battery is the offense of actually and intentionally touching or striking another person against their will or causing great bodily harm to them. This is a first-degree misdemeanor, which may include up to one year in jail and up to $1,000 in fines. A conviction of battery when an individual has a prior conviction for any form of battery charge is a third-degree felony.
• Aggravated Battery: Battery is elevated to an aggravated charge when it is committed with a deadly weapon; intentionally causes great bodily harm, permanent disability, or permanent disfigurement; or is committed against a victim who was pregnant and the offender knew or should have known this. This is charged as a second-degree felony, which is punishable by up to 15 years in prison and up to $10,000 in fines.
• Domestic Battery by Strangulation: This is the crime of intentionally and knowingly preventing breathing or blood circulation at the risk of bodily harm against the will of the victim. This is a third-degree felony.
• Stalking: This is the crime of willfully, maliciously, and repeatedly, following, harassing, or cyberstalking another person.
• Aggravated Stalking: Stalking is elevated when the offender makes a credible threat to the victim. A credible threat is defined as a nonverbal or verbal threat that gives the victim a reasonable fear for their safety or the safety of their family members because the offender has the apparent ability to follow through on their threat. This is a third-degree felony.
• Sexual Battery: Sexual battery is charged as a second-degree felony when the offender and the victim are both over the age of 18, and is punishable by up to 15 years imprisonment and a fine of up to $10,000. Under certain circumstances, it can be charged as a first degree felony and is punishable by up to 30 years imprisonment. When victims are under the age of 18 or under the age of 12, the penalties increase significantly. Other aggravating circumstances, such as the victim’s incapacity, also increase the penalties.
• False Imprisonment: This is the offense of confining, abducting, or imprisoning a person against their will through force, threat, or secret. It is a third-degree felony.
• Kidnapping: Kidnapping is the crime of confining, abducting, or imprisoning someone else against their will through force, threat, or secrecy. The intent of the action is to inflict bodily harm or terrorize the victim, hold for ransom or reward, hold as a shield or hostage, commit a felony, or interfere with a governmental function. This is charged as a first-degree felony, with a penalty of up to life in prison.

While these are common violent offenses charged as domestic violence crimes, they are not the only offenses. Any bodily harm to someone with whom an offender has a domestic relation could potentially be charged as a domestic violence crime.

Florida law also states that if the offender intentionally causes bodily harm in a domestic violence case, there is a minimum sentence of 10 days in jail. For a second offense, this increases to a 15-day sentence and a 20-day sentence for a third offense.

If the crime of inflicting bodily harm occurs in front of a child under the age of 16, then there is a minimum sentence of 15 days in jail for a first offense. A second offense results in a 20-day sentence, and a third offense results in a 30-day minimum sentence.

Potential Defenses Against Domestic Violence Charges

Every domestic violence case is unique, and personal relations only make violent crimes and charges more complicated. If you have been charged with a domestic violence offense, a knowledgeable lawyer is crucial to review your situation and determine the appropriate defense. Some potential defenses in a domestic violence case include:

• Self-Defense: In violent crimes, self-defense may be a possible defense. This is only applicable if you acted with reasonable force against an actual and immediate threat posed by the other person to avoid harm coming to you or another person.
• Failure to Meet Burden of Proof: The prosecution must meet the burden of proof to convict you. If there is a lack of evidence, you either will not be found guilty, or the prosecution will drop the charges. A lawyer will likely use a proactive defense strategy to show that the prosecution does not have sufficient evidence to prove you are guilty or even work to find certain existing evidence inadmissible.
• Lack of Witness Credibility: The testimony of a witness or alleged victim could be found invalid if it is not credible. Without this testimony, there may be little evidence against you.
• Mishandling of Evidence: Physical evidence in a domestic violence case must be handled properly and follow the right procedures. If investigators do not do this, the evidence could have been contaminated or affected and is likely considered inadmissible as evidence.
• Lack of Intent: Most domestic violence crimes require intent to harm the victim. If an injury or altercation happened because of an accident, this may prevent you from being found guilty. However, causing more harm than you intended is typically still criminal intent to cause harm.
• False Accusations: False accusations of domestic violence do happen, particularly in family law cases where spouses or parents are trying to sway the court’s decisions in a divorce or custody case. A thorough investigation is important to find out what truly happened.
• Consent: If the alleged victim consented to the violent act or conduct, then it may not have been against their will, which is a crucial part of most domestic violence charges.

An alleged victim of a domestic violence offense may not want to press charges or may file to press charges and change their mind. However, this may not prevent the charges against you.

The prosecution may still decide to file a case even against the wishes of the alleged victim if they believe there is a sufficient case. Other evidence, such as witness testimony, medical documentation, and photos or videos, may be enough to continue a criminal case without the alleged victim.

Regardless of whether the charges are true or false, strong legal representation is crucial in these cases to protect your rights against the prosecution. Conviction can restrict your freedom and opportunities in life. Whether the alleged victim cooperates with the prosecution or not, you need to defend yourself to the fullest extent.

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Contact Orlando Domestic Violence Lawyer Robert B. Fisher, P.A.

Even beyond the immediate criminal penalties, a domestic violence conviction can cause significant harm to your personal, social, and professional life. A proactive and strategic defense is essential. Robert B. Fisher, P.A. can provide this dedicated criminal defense, helping you avoid or limit the consequences a conviction has on you and your family’s life. Contact him today.