Domestic Violence Attorney in Pensacola, Florida
Domestic violence is a terrible situation. It can wreck families, and it can destroy lives. However, domestic violence charges are not always warranted. There are situations where charges are unfair, blown out of proportion, or completely untrue. That is why having a fair defense helps brings the truth to light. People facing domestic violence charges have the right to a fair defense, whether they believe they are guilty, innocent, or somewhere in between.
Attorney McGuire at The Panhandle Defense Firm is more than prepared to fight for the rights of those accused of domestic violence in Pensacola, Florida, and the surrounding areas of Santa Rosa County and Escambia Counties. Contact him today for skilled legal advocacy and advice.
Domestic Violence Charges in Florida
The term “domestic violence” refers to aggressive behavior involving a spouse or a person living in the household. This aggressive behavior can be physical, emotional, and psychological. Physical abuse is the most common type of domestic violence. Nevertheless, emotional and psychological abuse are other possible forms of domestic violence.
Additionally, domestic violence does not necessarily require physical acts to take place. The threat of possible harm may constitute domestic violence.
Consider these situations:
An argument leads to an altercation where a spouse physically attacks the other.
An argument leads to an altercation where a spouse threatens to cause physical harm to the other.
An argument leads to an altercation where a spouse insults or demeans the other.
Please bear in mind that systematic abuse, such as repeated patterns of emotional and psychological abuse, may constitute domestic violence. For instance, repeated insults, humiliation, or taunting can be considered abuse. For instance, a parent that frequently insults their child could face domestic violence and child abuse charges.
In general, domestic violence charges occur when there a complaint is filed. The complaint may result from police responding to an altercation or the affected party filing a formal complaint. Also, neighbors and relatives may file complaints due to noise or visible signs of abuse.
Charged individuals can be arrested and face court on domestic violence charges. The potential consequences may vary due to a number of factors.
Possible Penalties for Domestic Violence Charges in Florida
Facing domestic violence charges may have the following legal consequences:
Generally speaking, most domestic violence charges do not automatically imply incarceration. However, the specific circumstances may determine if incarceration is applicable. For example, facing aggravated assault charges in addition to domestic violence charges may lead to incarceration.
Please note that prior convictions can lead to incarceration due to domestic violence charges. Individuals on probation may violate the terms of their probation with a domestic violence conviction.
Also, domestic violence cases involving sexual abuse charges, physical assault against a family member, or battery charges may lead to incarceration, even if it is a first offense.
Most domestic violence charges are considered a misdemeanor. As a result, one of the possible consequences of a domestic violence conviction is the payment of fines. Nevertheless, subsequent charges and convictions, even as misdemeanor charges, may lead to incarceration.
Loss of Firearm Rights
Regardless of the charge, convicted individuals may lose their right to carry a firearm. In Florida, convicted individuals may not carry a gun, even for sports or recreational purposes. Therefore, carrying a firearm following a domestic abuse conviction may lead to arrest and additional charges.
Anger Management Classes
In addition to fines, a domestic violence conviction may require psychological therapy, such as anger management classes. Individuals must attend the classes and pass the required examinations. A licensed therapist reports progress to the court. The individual passes the course when the therapist believes the individual has overcome their issues.
Loss of Parental Rights
A domestic violence conviction can lead to loss of custody, especially when child abuse is involved. Convicted individuals may be granted supervised visitation rights.
Foreign nationals residing in Florida may be deported to their home country following a domestic violence conviction. If sentenced to jail time, the individual may be deported following incarceration.
Possible Defenses for Domestic Violence Charges in Florida
Here are three possible defenses when facing domestic violence charges in Florida:
This defense is straightforward. The charged individual declares the charges are not true. This defense involves proving the charges are false or blown out of proportion. Among other evidence, witnesses, police body cam footage, and police reports can help prove this defense.
Self-defense is a possible defense explaining harm or injuries. However, this defense may be difficult to prove. Witness testimony is essential to corroborate this defense. Police reports can provide useful information in proving this defense.
Please bear in mind that self-defense involves using force to defend oneself from harm. As a result, the charged individual may actually be the victim of the altercation.
Lack of Intent
Lack of intent means the harm caused was accidental or unintentional. For instance, one spouse slams a door, accidentally hurting the other. While the injuries may be evident, the action was not intended to harm the victim.
Please remember that enlisting the services of a professional criminal defense attorney can make a huge difference in a successful defense. An experienced attorney can work with prosecutors to shed light on the truth of the situation. In some cases, charges may be dismissed. In others, lesser charges may be pursued.
Domestic Violence Attorney Serving Pensacola, Florida
Serving Pensacola, Florida, and the surrounding areas – including Santa Rosa County, Escambia County, Fort Walton Beach, and more – Tom McGuire is a professional criminal defense attorney committed to helping clients protect their right to a fair defense. Each client becomes a member of the family, so don’t settle for just any lawyer. Get Attorney McGuire on your side today.