TAMPA DOMESTIC VIOLENCE LAWYER
Work with an Experienced Former ProsecutorDomestic violence allegations are common cases in Florida courts. Not only that, but they are aggressively prosecuted to prevent future abuse and to punish those who harm dating partners and family members. With a fierce prosecutor working against you, you need to protect yourself. That’s why, if you have been accused, are being investigated, or have been charged with a domestic violence offense, it is crucial that you seek counsel from an experienced domestic violence attorney as soon as possible. Working with the dedicated Tampa criminal defense attorneys at Buda Law can only benefit you in your pursuit of a positive resolution. As a former Pinellas County prosecutor, Attorney Andrew Buda knows exactly how state prosecutors think and act. We have seen domestic violence cases from both ends of the scope, meaning we know what it takes to build a solid defense and prepare for a counterattack by the prosecution. With that insight, our firm can deconstruct your case and find holes in the prosecution’s case, creating reasonable doubt and potentially having your case dropped, dismissed, or acquitted at trial. Facing charges for domestic violence? Contact the Tampa domestic violence attorneys at our law firm by calling 813-322-2832 to discuss your case and learn your options during a free consultation.
What is Domestic Violence?
Domestic violence, also sometimes referred to as domestic abuse or domestic battery, consists of aggressive and violent acts against a family member or household member. Under Florida Statutes § 741.28 (3), family or household members may refer to any of the following:
- Former spouses
- Persons related by blood or marriage
- Persons who are presently residing together or have previously resided together as a family
- Parents of a child (or children) in common
- Current or former dating partner
There are many scenarios that may warrant a domestic violence charge. By legal definition, domestic violence is the “assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death of one family or household member by another family or household member.”
Things like emotional abuse and verbal abuse are not technically considered domestic violence because they are not capable of resulting in physical injury or death. Rather, these acts may fall under the category of “domestic abuse.” Meanwhile, domestic battery in Florida is typically a more violent crime and involves actually and intentionally touching or striking a person against his or her will or intentionally causing bodily injury to the alleged victim.
What are the Penalties for Domestic Violence Charges in Florida?
Under Florida law, a domestic violence conviction is typically a first-degree misdemeanor charge in Florida. As such, those convicted face the following potential penalties:
- Jail time of up to a year (five days of which are mandatory where bodily injury has occurred)
- A fine of up to $1,000
- Completion of a batterers’ intervention program
- Community service
- Being subject to a restraining order that prohibits any contact with the victim and can affect child custody and visitation rights
In cases where serious bodily injury occurred or where a dangerous or deadly weapon was used, the act may be charged as aggravated assault or aggravated battery, which are felony charges in Florida that carry much more severe penalties. For instance, aggravated assault is considered a third-degree felony in Florida, which carries up to 5 years in prison or probation and $5,000 in fines. Aggravated battery, meaning the perpetrator intentionally caused great bodily harm with the use of a deadly weapon, is elevated to a second-degree felony. In Florida, second-degree felonies are punishable by up to 15 years in prison or probation and up to $10,000 in fines.
Why Do I Need a Tampa Domestic Violence Attorney?
Domestic violence cases are taken very seriously in the state of Florida, and you can bet that prosecutors will do whatever it takes to secure a conviction. In the United States, defendants are innocent until proven guilty, but unfortunately, in cases like these, that’s not the way the general public sees it. Those accused of domestic violence are often left with a permanent stain on their reputation, not to mention if they are actually charged and convicted. That is why it is so important that those accused of these types of crimes obtain the help of a skilled domestic violence lawyer.
A Florida criminal defense attorney like those at Buda Law can help you defend your legal rights and create the strongest defense strategy possible, whether that’s an angle of self-defense, a false allegation, or whatever applies to your case. We can also defend those who have been served with a domestic violence injunction (commonly known as restraining orders or orders of protection). Restraining orders, much like domestic violence convictions themselves, can put extreme limitations on your basic rights and may interfere with your ability to seek employment and find a place to live, as well as your general reputation and public standing. Fortunately, the skilled Tampa restraining order attorneys at our law firm provide compassionate and comprehensive representation for cases like these.
Turn to the Experienced Florida Domestic Violence Lawyers at Buda Law for Unparalleled Defense
The charges you face in any domestic violence case will depend on the nature of the incident, your prior criminal history, whether serious bodily injury occurred, and the other circumstances surrounding the incident. In all cases, the time between your arrest and any formal charges is critical. That is why you should not hesitate to contact the Tampa domestic violence attorneys at Buda Law for immediate legal help.
The knowledgeable attorneys at our Tampa, FL law firm have the legal skill, resources, and relationships within the Florida justice system to fight hard on your behalf and obtain the most favorable outcome for you. We serve clients throughout Pinellas and Hillsborough counties. Call us today at 813-322-2832 for a free consultation if you are facing domestic violence charges in Tampa or the surrounding areas and see what we are able to do for you.