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Tampa Domestic Violence Lawyer
Domestic violence is a term used to describe a wide variety of behavior and conduct that relates to one member of a household harming another member of the household. Facing allegations of domestic violence can be stressful and leaving you feel uncertain about your future. Perhaps you have children in the household that you may no longer be able to see due to allegations of domestic violence. Or, maybe you yourself are a victim of domestic violence and you have done nothing more than try to defend yourself.Domestic Violence Defense Attorney Tampa FL
It is not uncommon for individuals to be charged with a domestic violence-related crime when in fact the accused was only defending him or herself from imminent harm or the threat of imminent harm. Tampa Domestic Violence Defense Attorney Marc A. Joseph, P.A. understands just how complicated and sensitive domestic violence matters can be. When facing allegations of domestic violence, you will need a competent and seasoned Tampa Criminal Defense Attorney to help you fight the allegations and reach a resolution that is fair given the circumstances surrounding your case. March A. Joseph, P.A. possesses the qualities necessary to provide you with the best legal representation possible to fight allegations of domestic violence.
Florida’s Domestic Violence Law
Under Florida law, Fla. Stat. § 741.28(2), domestic violence is defined as “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.”
Given that nearly any crime that results in physical injury or death may be considered an act of domestic violence given Florida’s broad definition, fighting allegations of domestic violence is not always an easy task. A key factor to be aware of is that the allegation of domestic violence must be made by a family or household member. This includes spouses, former spouses, persons related by blood or marriage, persons living together as a family would or who have resided together as a family would in the past, in addition to parents of a child regardless of whether the parents are married or not.
Because there are so many variables involved in any given domestic violence case, no two cases are going to be exactly alike. As such, if you have been charged with a domestic violence-related crime, you should not assume that the outcome of the criminal charge will be the same for you as it is for another person. Tampa Criminal Lawyer Marc A. Joseph, P.A. provides legal representation that is unique to the particular facts of your case, so that you are not simply receiving “standardized” legal advice. You will be receiving advice that pertains only to your situation and not what generally happens with domestic violence cases in Florida.Tampa Domestic Violence Defense Attorney
Consequences of Domestic Violence Charges in Florida
Unlike many other crimes, if a crime relates to an act of domestic violence as defined above by the Florida legislature, the accused may have to stay in jail until he or she has a hearing before a judge. This alone can be a large bump in the road as the consequences of simply being arrested and charged can result in you no longer being able to make contact with your loved ones. This may seem unfair given that you are innocent until proven guilty, however, because so many individuals have been harmed by acts of domestic violence, Florida law takes each and every allegation seriously, regardless of whether or not such allegations truly have merit.Tampa Domestic Violence Defense Attorney
If you are ultimately convicted of a domestic violence-related crime, such as assault or battery, for example, you face potential jail time, the imposition of fines, and probation. As with all crimes, the more serious the conduct, the greater the punishment will be if you are convicted. For example, if you are charged with misdemeanor assault as it relates to an incident of domestic violence, you will not be required to serve jail time for any longer than one year, and oftentimes, your attorney can negotiate with the prosecutor to reach a resolution that keeps you out of jail. On the other hand, if you are charged with felony aggravated assault with a deadly weapon, you face potentially harsh consequences in terms of jail time. However, regardless of whether the criminal charge is a felony or misdemeanor, any punishment following conviction will likely be based on how serious the conduct is and how badly another individual was harmed.
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