Yes, D. CARR LAW defends against varying degrees of criminal charges, we just have specialized experience in domestic violence.
Because people’s futures are most negatively affected by the unjust and unfair consequences of these types of charges.
Think of it like this: most doctors are trained in general practice areas, and they become good at doing a little bit of everything general. But you wouldn’t go to a general practice doctor to receive the best care for a unique medical problem requiring surgery with severe consequences if done improperly or not completed quickly with an effectively executed treatment plan.
Hiring a lawyer should absolutely have the same selection process. So if you have a specialized and unique legal problem involving false accusations and unfair charges of domestic violence, you’ve come to the best attorney to receive the best representation.
Pursuant to the Florida Statutes for 2016, domestic violence is defined as follows:
(1) “Department” means the Florida Department of Law Enforcement.
(2) “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
(3) “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
(4) “Law enforcement officer” means any person who is elected, appointed, or employed by any municipality or the state or any political subdivision thereof who meets the minimum qualifications established in s. 943.13 and is certified as a law enforcement officer under s. 943.1395.
There are legal consequences and there are consequences that affect the personal, professional, and financial aspects of someone’s present circumstances and future. Such consequences include those named above, and the following (although not limited to either list):
- mandatory counseling
- heavy monetary fines and fees
- mandatory periods of probation and constant monitoring for a certain amount of time
- a conviction record
- immigration consequences (risk of deportation/removal from the United States)
- gun ownership/possession privileges revoked
- family relationships negatively impacted
- romantic relationships negatively impacted
- losing custody of children or court ordered supervised visitation
Domestic violence charges negatively impact your reputation more than some charges, regardless if charged as a misdemeanor or felony. A domestic violence conviction can ruin your hopes and dreams. Here are just a few examples:
- Some employers, especially public or state employers, can terminate you or reject your application
- professional licenses may no longer be available to you
- child custody (keeping, losing, or fighting for)
- renting or leasing
- finding employment
- reduction in earning potential
While it depends on the circumstances and every case has different facts, here are some examples of defenses:
- accidental injuries: no harm was ever intended
- self-defense: you were not the one to initiate or instigate a physical confrontation and you were attacked or threatened first
- self-inflicted injuries: the alleged victim harmed himself/herself and is falsely blaming you
- allegations are falsely made: motivations to lie include but are not limited to family court matters, child custody battles, money dispute, revenge or anger, pending divorce, threats to abandon the relationship, claims of infidelity
While no guarantees can ever be made about the outcome of a case, it is crucial to talk to an experienced criminal defense attorney who specializes in domestic violence defense to have the facts and circumstances of your case reviewed and evaluated.
You have the right to know about, see, and review all evidence the State of Florida has regarding your case, even if they aren’t planning to use it, and even if it proves you are not guilty.
It depends on the charge and what the State of Florida has to prove according to the jury instructions, but generally, some types of evidence that may be used are:
- 911 audio recording
- police testimony based on their recollection from their reports
- body camera footage
- eyewitness testimony
- alleged victim testimony
- medical reports about injuries
- statements made by the accused