Trial lawyers in Miami for domestic violence defense

Being accused of committing an act of domestic violence is a serious legal problem. Even in a misdemeanor charge, the consequences of a conviction can be life-changing. If you are facing a charge in a misdemeanor or felony domestic violence case, it is imperative to be represented by a trial attorney with a track record of success in court

Types of domestic violence charges in Miami

Domestic violence charges involve any crime, including assault, battery, stalking, false imprisonment, or other offense that harms a family member or living in the same household. The types of crimes falling under the legal umbrella of “domestic violence” include:

Sex crimes
Assault
Battery
Stalking
Aggravated assault
Sexual assault
Sexual battery
Kidnapping
False imprisonment

What to expect if you are accused of domestic violence?

In many cases, the charges begin with a 911 call. Law enforcement is dispatched to your home. Under Title XLIII, Chapter 741 of the Florida Statutes:

“Whenever a law enforcement officer determines upon probable cause that an act of domestic violence has been committed within the jurisdiction the officer may arrest the person or persons suspected of its commission and charge such person or persons with the appropriate crime. The decision to arrest and charge shall not require consent of the victim or consideration of the relationship of the parties.”

If law enforcement officers believe an act of domestic violence has occurred, you will be arrested and transported to the police station, booked, and placed in a holding cell, awaiting transfer to county jail. You will not be released until bail has been set, which may not occur for a day or two, based on the time and day of the week you were arrested.

Once bail is set, you will face other restrictions, including being restricted from entering your home, and will be forced to seek a place to stay while the case plays out. Your first step, once you have been booked, is to contact a lawyer. Don’t answer questions, try to defend yourself, or offer any information to “friendly” law enforcement officers. Your attorney from Correa & Martinez Trial Lawyers will represent you at your bail hearing, arraignment, and all other appearances, protecting you from the force of the criminal justice system – and we know what to do.

What are the penalties for domestic violence charges?

If you are convicted of a domestic violence offense, you will face heavy penalties based on the facts in the case. The penalties imposed by the court could include:

Mandatory counseling
Fines, court costs
Incarceration in county jail or state prison
Legally restricted from entering your own home
Legally restricted from contacting your children
For immigrants – the risk of deportation
A permanent criminal record
Loss of the right to carry a concealed weapon
Mandatory jail time if you are accused of inflicting injuries

Defenses for domestic violence charges in Miami

In our country, you are innocent until proven guilty. While this concept is fundamental in our system, after an arrest for a domestic violence offense, you likely won’t feel that way. You will be booked, fingerprinted, photographed, and placed in custody, awaiting arraignment and a bail hearing. Don’t take chances by trying to tell your side of the story – this can only damage your case.

Exercise your right to remain silent and your right to an attorney, and call Correa & Martinez Trial Lawyers immediately. The defenses that could be effective in these cases include:

False accusations – the incident didn’t occur.
Self-defense – the other party physically attacked you.
Defense of property – you were protecting your own property in the incident.
No evidence – no evidence supports the allegation of domestic violence.
No injuries – the individual does not have any injuries.
Stand your Ground – in Florida, you have the right to protect yourself and your property.
Spite – A false accusation may come from a vindictive relationship partner.

Domestic violence battery charges in Miami

Domestic violence battery is a first-degree misdemeanor and one of the most commonly charged domestic violence offenses. The offense comes with a penalty of up to one year in jail and fines of up to $1,000. Even a first-time offender can face at least one year on probation for a conviction.

Why choose us?

At Correa & Martinez Trial Lawyers, we are aggressive advocates for those accused of domestic violence. We are seasoned trial lawyers who are professional, confident, and well-prepared in court. We are proud of our many positive verdicts in challenging cases. Our trial attorneys are always available to meet with you to discuss your case. Your future freedom, reputation, and, for immigrants, your right to live in the USA are all at stake. As a boutique law firm, we operate differently than the larger Miami law firms, offering the highest level of personalized care. We take pride in providing defense counsel in both English and Spanish to better serve the diverse Miami community. For top-tier legal counsel to defend against accusations of domestic violence, you can trust that our team will go the distance for you.

Our criminal defense lawyer for domestic violence cases: Roberto Pardo

Attorney Roberto Pardo is a former Assistant State Attorney with extensive experience at trial – from both sides of the aisle. He is an accomplished criminal defense attorney with a reputation for excellence at trial. His background serving as a prosecutor provides him with insight into how the prosecutor thinks and what to expect, allowing him to craft a powerful defense. Mr. Pardo takes a personal interest in every client he represents and is honored to be trusted to seek the most favorable outcome possible.

Domestic Abuse Attorney in Miami