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Miami Domestic Violence Attorney

What Constitutes Domestic Violence?

Person hiding from domestic abuseIn the state of Florida, the law establishes that a domestic violence offense occurs when a family or household member commits any act of physical violence against, or threatened violence or abuse against, another family or household member. Domestic violence cases are treated differently than other criminal cases.

There are chosen prosecutors and domestic violence units in the prosecutor’s office which are ready to aggressively prosecute any person charged with domestic violence. You should retain a skilled domestic violence attorney in Miami if you are facing these charges.

What Usually Happens in a Domestic Violence Case?

If you are convicted of domestic violence, you may face serious penalties including probation, a batterers’ intervention program and if the case involved the intentional infliction of bodily harm you may face jail time as well.

Facing charges for domestic abuse? Schedule your free consultation with our Miami domestic violence lawyer today!

Examples of Domestic Violence

  • Stalking
  • Constant harassment
  • Threats of physical harm

Sexual Abuse

  • Obligated sexual acts
  • Unwanted sexual contact

Physical Assault or Abuse

  • Biting
  • Hitting
  • Kicking
  • Beating
  • Pushing
  • Slapping
  • Punching
  • Hair pulling

Our firm handles all types of domestic violence cases, including:

  • Kidnapping
  • Child abuse
  • Spousal rape
  • Emotional abuse
  • False incarceration
  • Assault or aggravated assault
  • Battery or aggravated battery
  • Stalking or aggravated stalking
  • Sexual assault or sexual battery
  • Any crime that results in physical injury or death

Potential Penalties for Domestic Violence in Florida

Penalties for a misdemeanor may include:

  • A short jail sentence that can range from less than one year to no more than one year in county jail
  • Anger management and/or domestic intervention program
  • A restraining order from the victim
  • Fines and/or donations
  • Community service

Penalties for a felony may include:

  • A jail sentence (can range from one day in the county jail to several years in state prison)
  • Anger management and/or domestic intervention program
  • A restraining order from the victim
  • Fines and/or donations
  • Community service

Fighting Child Abuse Allegations in Miami

  • Physical child abuse is shaking, beating, hitting, biting, or burning a child.
  • Sexual child abuse is incest, any kind of enforced sexual doings, exposure to sexual stimulation inappropriate for the child’s age.
  • Neglect is another form of child abuse which is the consistent failure to provide the necessities for a child’s physical needs, such as food, shelter, clothing, and medical care. Failure to provide a child with emotional needs, such as affection, attention, and supervision is also child abuse.

Under Florida law, child abuse is a felony offense. It may classify as a first-degree or third-degree felony, depending on the distinct situation of the case.

The child abuse offenses and their corresponding penalties are as follows:

  • “Simple” child abuse involves purposely causing physical or mental harm to a child, or engaging in an act that could reasonably cause injury to a child. This is a third-degree felony and, it is punishable by law up to 5 years in prison and/or a fine of up to $5,000.
  • “Aggravated” child abuse involves causing severe bodily injury, permanent deformity, or permanent disability. It may also consist of any act of aggravated battery against a child which may include deliberate or willful torment, hateful punishment, or confinement. Aggravated child abuse is a first-degree felony, and it is punishable by law up to 30 years in prison and/or a fine of up to $10,000.

Accused of domestic violence? Call Law Office of Armando J. Hernandez, P.A. today at (305) 400-0074 or contact us online to schedule a free consultation with our domestic violence lawyer in Miami.

What Our Clients Are Saying

Read Recent Reviews About Our Legal Service
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