On Your Side In Domestic Violence Cases
If you have been arrested on domestic violence charges, early intervention from a criminal defense lawyer can make the difference in how your case proceeds.
Our Orlando law firm is headed by Corey I. Cohen, a former prosecutor with the Office of the State Attorney. Mr. Cohen and his team know the criminal justice system from the inside out, and their experience as a prosecutor helps our firm build the best possible defense for each client.
We Will Aggressively Defend Against Your Domestic Violence Charges
An argument or altercation that led to a criminal charge of domestic battery or domestic assault may not have seemed like a big deal to you while it was happening, but the potential criminal penalties for a domestic violence conviction can be extremely serious. You may be charged or may have already been charged with a crime such as:
- Domestic violence battery
- Domestic violence assault
- Battery by strangulation
- Felony battery
Indeed, a wide array of circumstances may fit within the definition of domestic violence, according to Florida statutes, including: 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.
Whatever you believe did or did not happen and whatever your charges specify, the stakes are immensely high. You owe it to yourself and your future to mount a zealous defense. Protect your rights by getting legal counsel before trying to sort out what happened through participation in a police-led investigation. Even if your spouse, partner or family member recants, you still face a formidable legal challenge. A skilled trial lawyer on your side may make the difference you need at this time.
At the very minimum, conviction for a domestic violence crime requires the defendant to attend a 26-week anger management class as part of satisfying probation requirements. These courses are expensive and time-consuming. Even a first-time domestic violence conviction may carry mandatory jail time.
You need a strong defense following a domestic violence charge. For more information and to schedule a free consultation, call today: 407-246-0066.
Answering Your Questions
When you are arrested, you likely have many questions about how the arrest will affect you now and in the long term. Consequences of a conviction for domestic violence, abuse or battery can include jail time, the loss of your right to own a firearm, the loss of the right to enter your own home and the loss of the right to see your children.
- Am I going to jail?
- Can the charges be dropped if the other party decides not to press charges?
- Can I talk to the other party and return home while the case is pending?
These questions can weigh heavily on your mind. It is important to speak with an experienced attorney at The Law Office of Corey I. Cohen & Associates to get answers to your questions and get started on your defense.
Is It A ‘He Said, She Said’ Situation?
At The Law Office of Corey I. Cohen & Associates, we help clients fight and beat domestic violence charges. Do not assume that your charges will automatically stick or that a conviction is inevitable.
The state faces an uphill climb in its goal of proving your guilt. Why? The majority of domestic violence cases involve very little evidence. Prosecutors can threaten and bluster, but when they work with just a “he said–she said” scenario, your chances of having your charges dismissed can be high if you work with an experienced attorney who knows how to expose the holes in the prosecution’s case. We have had hundreds of cases dismissed because we performed the painstaking work of researching case law. Often a legal technicality can lead to a dismissal.
Learn about the difference between assault, battery and domestic violence
How Does Domestic Violence Battery Differ From Assault?
Essentially, the difference between domestic violence battery and domestic violence assault, is the same as the difference between battery and assault: contact with the other person. You see, assault is defined as threatening actions or words, that create fear in a person. Battery, on the other hand, is making that contact.
In a domestic violence battery case, a person convicted or pleading to the charge is referred to batterers’ intervention. There are numerous organizations that the courts of Florida work with, dedicated to counselling and anger management.
Handling The Complexities Of Battery Defense Law In Florida
From your perspective, the legalities of your case may seem straightforward. Numerous complex processes and options, however, may arise during the defense of your case. We can help. For instance:
- Removing no-contact bond conditions: In domestic violence cases, one common condition of making bail is the requirement that the defendant have no contact with the alleged victim. Usually, this means that you can’t return home or try for reconciliation. If you violate the conditions of the bond, then you can be arrested again and placed on a no-bond hold. We have an excellent record of success getting those conditions removed so that you can make bail and get out of jail without having to stay away from your home or your spouse. The sooner you hire us the better chance we have of negotiating a bond agreement that does not include a no-contact restriction.
- Declination of prosecution: In many cases, domestic violence arrests happen when an argument at home gets out of hand. One person calls the police but may later regret that action. If you and your spouse want to reconcile, and if your spouse wants to drop the domestic violence charges, we can work to negotiate a declination of prosecution with the prosecutor’s office.
Sentencing And Penalties
In case of a conviction, penalties such as the following may be real possibilities. A domestic violence conviction in Florida can bring a sentence of:
- The possibility of a year in jail and/or a year of probation
- The loss of your right to possess firearms
- Mandatory 26-week anger management class (for which you will pay)
- The loss of the right to contact the victim. This may involve the loss of the right to enter your home or visit your children.
Additionally, individuals convicted of domestic violence are barred from having their criminal record sealed or expunged, resulting in a permanent criminal record.
Though feelings of hopelessness can quickly set in following a domestic violence charge, we can help you navigate numerous options. Often, your defense is strengthened if the alleged victim drops the charges. We can contact your accuser and discuss this possibility.
Often, the state can be persuaded not to file charges. We can skillfully pursue this possibility and can provide aggressive and knowledgeable criminal defense legal help in the event charges are filed. Many domestic violence cases involve very little evidence. We can work to have your charges dismissed based on a lack of evidence and/or work to have your charges or penalties reduced.
Contact Us For Help Today
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