If you or a loved one is facing accusations or charges of domestic violence in Bayshore Gardens, our defense lawyers can help protect your rights. You do not have to go through this process alone. Call Goldman Wetzel right now at (941) 405-5193 for a free consultation and to learn more about how we can assist you with your defense.
Understanding Domestic Violence
The state of Florida defines domestic violence as any criminal offense that results in physical injury or death of one family or household member by another family or household member. This can comprise a broad array of situations. Our team has handled domestic violence cases that involve girlfriends, boyfriends, same-sex couples, parents, children, and spouses.
Actions That May Constitute Domestic Violence
Some examples of crimes that can fall under the label of domestic violence include:
- Assault, aggravated assault, and sexual assault
- Battery, aggravated battery, and sexual battery
- False imprisonment
- Child abuse
- Restraining order/Injunction violations
Actions That Do Not Constitute Domestic Violence
We sometimes see accusers attempt to define actions that are not illegal as domestic violence crimes. The following actions are legal, and therefore do not merit domestic violence charges:
- Screaming, yelling, or swearing
- Rough consensual sex
- Non-forceful pushing
- Awakening with sudden violence, such as in response to a nightmare
- Restraining a household member to protect them, yourself, or others from harm
These are not the only situations that may apply to your case. If you are facing accusations or charges of domestic violence, we can help with your defense. Call Goldman Wetzel today at (941) 405-5193 for a free consultation.
Penalties Associated with Domestic Violence
Our team understands that there are significant penalties associated with a domestic violence conviction, including no-contact orders and jail time. Your ability to find work, secure housing, or enroll in educational opportunities can also be impacted by having a domestic violence conviction on your criminal record.
It is important to take your accusations or charges seriously, which is why we recommend hiring Goldman Wetzel as early in the process as possible. Our team will be by your side at every step, fighting to get exaggerated or false charges dropped and protecting your right to a fair trial.
Enhanced Penalties for Violent Crimes
If you are arrested or charged for a violent crime committed against someone with whom you have a domestic relationship, the potential penalties you face upon conviction can be significantly enhanced.
Judges consider many factors during sentencing, including:
- History of domestic violence between you and the victim
- History of domestic violence between you and anyone else
- Whether children were involved in or present during the incident
- The severity of the victim’s injuries following the incident
- Whether you violated a protective order with your actions
Depending on the facts of the case, you may be subject to jail or prison time, fines and court costs, community service requirements, family violence counseling, and probation following a conviction.
Mandatory Minimums for Domestic Violence
The state of Florida requires certain minimum sentences for domestic violence that intentionally causes bodily harm. These include:
- First offense: 10 days in county jail
- Second offense: 15 days in county jail
- Subsequent offenses: 20 days in county jail
The court may choose to impose additional penalties beyond these minimums. Attorneys from Goldman Wetzel can help protect your rights and fight to have your charges reduced or dropped whenever possible.
Domestic Violence Defenses
Our team will review the evidence and discuss what happened in detail to ensure we understand every facet of your specific situation. We will then determine the defense strategies that are most appropriate to your case, some of which may include:
- Mistaken identity. We can use an alibi to demonstrate that you could not have committed the offense in question, and to show that the police have the wrong person.
- False accusation. We can show that the accusing party is lying and is knowingly accusing you of actions that did not occur.
- We can prove that the actions you took were committed with the consent of the accusing party, and therefore do not constitute domestic violence.
- Self-Defense. We can show that the actions you took were committed with the intention of protecting yourself or others from harm.
- We can demonstrate that the actions you took were not illegal and that they do not violate the state’s domestic violence statutes.
- Lack of proof. We can hold the accuser accountable to meeting their burden of proof. If the prosecution cannot provide evidence that supports the accuser’s claims, we will push for your charges to be dismissed.
These are not the only defense strategies that may be available to you. Call our team today to learn more about how attorneys from Goldman Wetzel can defend you from charges or accusations of domestic violence in Bayshore Gardens.
Let Goldman Wetzel Fight for You
Attorney Summer Goldman is a former prosecutor who understands the strategies used by the other side, and attorney Maribeth Wetzel is a career defense attorney with a passion for protecting the rights of the accused. Together, the team at Goldman Wetzel can help you craft a defense that protects your rights and holds your accusers accountable to meet the high standard of proof the state requires of them.
If you have been accused of or charged with domestic violence in Bayshore Gardens, lawyers from Goldman Wetzel can help with your defense. We can explain your rights and present effective solutions. We will fight to have the prosecution drop your charges and represent you in court, if necessary. You do not have to face this situation alone. Call us right now at (941) 405-5193 to get started.