“The victim can't drop the charges— only the State Attorney can”

 

In Florida, the crime of Domestic Violence Battery is defined as the touching or striking of a family member, household member, or domestic partner against their will.

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Context matters

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It's been my experience that context in these cases matters.  For example, are the alleged victim and the accused going through a nasty divorce or child custody battle?  Is either the accuser or the defendant grappling with alcohol or substance abuse?  Are there mental health issues in play?  Finally, I've had more than one case ultimately dismissed because the Domestic Violence "incident" was entirely made-up (and "injuries" sustained by the "victim" actually self-inflicted).

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Penalties for Domestic Violence in Florida

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Although Domestic Violence is a first degree misdemeanor in Florida, punishable by up to one year in the county jail, a guilty plea may result in

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• Mandatory Jail time if there were injuries;

• Permanent criminal record;

• Domestic Violence offenses are "deportable" offenses for immigration purposes;

• You will NOT be able to seal or to expunge your record;

• Ineligible to legally possess firearm(s) and/ or concealed weapons permit;

• Mandatory counseling; participation in a Batterers Intervention Program.

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There is light at the end of the tunnel

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Given the life-changing consequences that a Domestic Violence conviction could have on you or a loved one, it's important to hire a criminal defense lawyer that will investigate, and be sensitive to, the history between the parties. 

 

I've found that, more often times than not, the "victim" is reluctant to go through the prosecution process and is actually open to a solution, such as couples counseling, for instance, outside of the criminal justice system.

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If you or a loved one is arrested and charged with Domestic Violence, please call our 24-hour telephone number 305-461-1066 to set up an appointment and free consultation so we can assess your particular case and provide you with the best legal advice on how to proceed.  Your meeting with me will be strictly confidential and subject to the attorney-client privilege.

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I want to hear your side of the story.

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Rick Hermida

State and Federal Criminal Defense Attorney

55 Merrick Way ~ Suite 212

Coral Gables, Florida 33134

305-461-1116 (Office)

305-461-1066 (24 Hours)

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We are solely a Criminal Defense Law Firm.  That's all we do and all we have done since 1987.

 

 

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