Miami Domestic Violence Attorney

These crimes are very one sided towards the accused.  When police are called to a domestic violence call, almost always someone is going to jail. Many times it is easy to tell who the aggressor was and arrest that person.  But many times, a person can be arrested based on simply on what their partner said to the police.  When I started as a prosecutor, I handled domestic violence cases and I know these cases very well.  I also know how destructive these cases are to the family unit. 

Florida Statute 741.28 defines domestic violence 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.

Family or household member means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

What if the victim does not want to press charges against me?

It doesn't matter!  The prosecution will still go forward with the case if they have independent evidence that they can prove the crime.  Maybe there is an eyewitness or a recording of the incident. Or there are pictures and incriminating statements that the victim made to the police.  Any evidence that can be used to prove the case without the victim will be used to get you convicted.

But the good news is that if the victim does not agree to help the prosecution, i.e. they want charges dropped, your case will be resolved much sooner and more favorable to you.  You have a Sixth Amendment right to confront your witnessess in trial, including the victim.  So if they are not present at trial the prosecution will be very limited in introducing statements made by the victim.  I wrote an article on when hearsay can be used in a criminal case without the victim being present.  Generally, the statements must not be testimonial when the person made the statement.  This will usually always apply to statements made to the police or the 911 dispatcher to seek help during an ongoing emergency.  In other words, the emergency must still be taking place and not over when making the statements.

What are possible resolutions to my case?

The most likely outcome to your case besides getting the charges dropped is a diversion program.  If you are charged with a misdemeanor, the program is called Pre-Trial Diversion (PTD) and if it's a felony, the program is called Pre-Trial Intervention (PTI).  In both programs, the victim must approve the program and the program will include a psycho-educational counseling session that will likely last 26 weeks.  You may also have additional requirements such a drug & alcohol treatment, a parenting course, community service hours, and other requirements that the proseuction will impose.

At the end of the program, which usually lasts six months, your charges will be dismissed and you are eligible to expunge or seal your record.

Probation, community control (house arrest), jail, and even prison are all still options depending on the severity of the case, your past criminal history, and other factors. 

Contact me today to evaluate your case and provide you with case specific information.