Tampa Domestic Violence Defense Lawyer
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Why You Should Hire Mike G Law to Defend Your Domestic Violence Charge
Mike G Law has been providing dedicated representation in the Tampa, Florida area since 1991. With extensive experience defending individuals facing domestic violence allegations, Mike G has become a trusted attorney in the field of criminal defense. As a former criminal prosecutor, Mike G uses his comprehensive knowledge of the legal system to develop defense strategies tailored to your unique domestic violence case, whether you were accused of aggravated assault, stalking, or making threats. In any case, with your future and your family’s future on the line, Mike G emphasizes honest communication with his clients, so you’ll stay informed and empowered throughout the legal process.
Mike G Law Knows How to Fight Domestic Violence Charges in Hillsboro County
Hillsborough County courts are tough on people charged with domestic violence, making it imperative for anyone accused to hire an aggressive and experienced Tampa domestic violence lawyer like Mike G. If you face charges regarding a domestic dispute, a domestic violence defense lawyer can be the difference between a guilty or not guilty determination or whether you face moderate or severe punishment.
- Why You Should Hire Mike G Law to Defend Your Domestic Violence Charge
- Mike G Law Knows How to Fight Domestic Violence Charges in Hillsboro County
- Why Hiring an Experienced Domestic Violence Attorney is Essential To Your Defense
- What Are The Duties of a Domestic Violence Defense Attorney?
- What Is Considered a Domestic Violence Offense in Florida?
- What Can You Do When Falsely Accused of Domestic Violence?
- What Are Common Defenses Against False Allegations of Domestic Abuse?
- FAQs About Domestic Violence Charges
Why Hiring an Experienced Domestic Violence Attorney is Essential To Your Defense
Given the adversarial nature of the criminal legal process, it can be challenging to represent yourself. Hiring a criminal defense attorney demonstrates resolve and readiness for trial, which can sometimes increase the chances of having some domestic violence charges reduced, diverted, or dropped.
Additionally, a legal professional offers the fundamental advantage of early negotiations, presenting the facts and mitigating circumstances upfront and quickly. An experienced attorney like Mike G Law has the knowledge and skills to develop an effective strategy around your unique case.
What Are The Duties of a Domestic Violence Defense Attorney?
Your attorney’s primary duty is to conduct an independent investigation, reviewing the facts in your case and presenting what happened from your perspective. Other ways they support your case include:
- Evidence collection: During the investigation, they gather relevant evidence to build a defense using their experience with similar cases to help guide the search.
- Legal guidance and emotional support: Facing false allegations of domestic violence is an emotionally charged situation. A Tampa domestic violence lawyer offers objective professional guidance and supportive reassurance to help you through this difficult time.
- Risk mitigation: Taking on criminal charges without a legal representative risks your reputation and future. An attorney can protect you from mistakes that could have life-long circumstances.
- Trial representation: Having an attorney present your defense argument is invaluable if your case makes it to the trial phase.
A domestic violence defense attorney can access resources the average person cannot, and when the stakes are this high, you want every opportunity to fight false charges aggressively.
What Is Considered a Domestic Violence Offense in Florida?
Domestic violence is a broad term used to describe an array of charges in Florida. The action involves someone with whom you share a home, have a romantic relationship, or consider a family member.
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 member or household member by another.” The distinction between domestic violence and other forms of violence relates to the measures taken to keep victims safe and the more extensive penalties for those convicted. Domestic abuse may encompass psychological, financial, or emotional abuse that may warrant a civil claim without resulting in a criminal case.
Types of cases domestic violence defense attorneys commonly handle include:
- Stalking, kidnapping, or false imprisonment
- Aggravated or domestic assault or battery
- Child abuse
- Sexual battery or assault
- Threatening bodily harm and other aggressive behavior
This is not a comprehensive list. Every case has unique circumstances, and a Tampa domestic violence defense lawyer can represent clients facing everything from violation of protection and restraining orders to withholding access to medications and health supplies. That experience is critical to an accused person’s case.
Learn more about Florida domestic abuse laws and the potential penalties that could apply to your case.
What Can You Do When Falsely Accused of Domestic Violence?
Contacting a Tampa domestic violence defense lawyer should be the first step you take following false allegations of child abuse or domestic violence. Next, with the help of your attorney, you can take the steps needed for damage control. This can include contacting professionals and witnesses, such as those who testify about your character.
Avoid spending time alone with the accuser, ceasing interaction entirely when possible. When you need to interact, as is sometimes the case when children are involved, your goal is to have a witness with you at all times. Maintaining a calm, non-reactive demeanor shows the court that you are in control of your temper.
Avoid speaking with anyone other than your attorney about the case to protect yourself and your defense strategy. The process can be frustrating and sometimes feel unfair, but protecting your reputation and right to fair judgment is the top priority.
What Are Common Defenses Against False Allegations of Domestic Abuse?
A charge of domestic violence battery is defendable under Florida law, and the best defense will depend on the circumstances surrounding your case. These are the four most commonly used arguments against a domestic abuse charge:
- Self-defense: Claiming self-defense excuses the act by proving it was necessary to avoid sustaining harm caused by the other person. Florida law only requires a small amount of relevant evidence to prove that the defendant acted in self-defense.
- An alibi: When you can present witnesses who can testify to your presence somewhere else when the alleged act occurred, that strengthens your defense.
- Acting in defense of others: Similar to self-defense, protecting someone else from a violent threat is a strong defense against a domestic violence charge.
- Mutual combat defense: Mutual combat occurs when the confrontation is consensual. Florida recognizes this as a defense when the defendant is not the primary aggressor because both parties consented to touching one another due to the altercation.
It is never too soon to gather evidence and build a case. Acting fast is critical to your defense.
What are the Criminal Penalties for Domestic Violence Charges in Tampa?
The consequences of domestic violence charges can be severe. Violating any terms can also have further repercussions.
Jail or Prison Time
According to Florida Statute 741.283, anyone convicted of a domestic violence crime must serve at least ten days in jail for a first-time offense—or longer if the convicted person has a history of DV charges.
Probation & Couseling
Even if you are not required to serve jail time, you may be placed under probation for a set length of time if you are found guilty of domestic violence charges. Florida Statute 741.281 states that anyone found guilty of a DV offense will be subjected to a minimum of one year of probation.
In Florida, you must also attend a batterers’ intervention program as part of your probation, which means regular trips to a program provider. If your case involves drugs or alcohol, you may be required to attend drug or alcohol counseling.
No-Contact Orders (Restraining Orders)
After a domestic violence conviction, a person may not be allowed to have contact with or come within a certain distance of their accuser. As a result of these types of orders, people may be prevented from returning to their own homes and seeing their children. Additionally, no-contact orders may impede their ability to rebuild the relationships with their involved family members.
Limitations on Firearm Rights
Florida law demands that those convicted of DV surrender their firearms. Furthermore, federal law prohibits people from owning, possessing, or using a firearm after a domestic violence conviction.
FAQs About Domestic Violence Charges
Understandably, you likely have many questions about your case, how a Florida domestic violence lawyer can help, and what to expect from the legal battle soon to ensue. During your initial consultation, your attorney will review the details of these cases and prepare you for every stage of the process. Consider the answers to common questions that anyone facing allegations of domestic violence should know.
Domestic violence is a serious crime with severe penalties accompanying conviction. Potential penalties include fines, jail time, counseling orders, losing the right to own a firearm, and losing custody of children. If you already face charges or know an arrest is imminent, contacting an experienced Tampa domestic violence lawyer is crucial to building a solid defense.
The following statutes cover instances that could lead to a domestic violence charge:
· Section 784.011, F.S., for assault;
· Section 784.021, F.S., for aggravated assault;
· Section 784.03(1)(b), F.S., for battery;
· Section 784.03(2), F.S., for felony battery;
· Section 784.041(1), F.S., for felony battery;
· Section 784.041(2), F.S., for felony battery by strangulation;
· Section 784.045, F.S., for aggravated battery;
· Section 794.011, F.S., for sexual assault or sexual battery;
· Section 787.02, F.S., for false imprisonment;
· Section 787.01, F.S., for kidnapping;
· Section 784.048, F.S., for stalking or aggravated stalking; or
· Any other criminal offense resulting in physical injury or death.
<h4>How long is the statute of limitations on domestic violence in Florida? </h4>
The statutes of limitations for domestic violence charges depend on the crime’s classification:
· Two years for a first-degree misdemeanor
· One year for a second-degree misdemeanor
· Three years for a third-degree misdemeanor or felony
Charges brought against someone after the statute of limitations passes would likely result in the dismissal of the case.
Ideally, your case would end in dismissal. However, if it goes to trial, you must appear before a jury to argue your case. During the process, the court will listen to testimonies from witnesses and review the evidence presented, such as police reports. This can take only a few days or up to a few weeks, depending on the circumstances and how much the court needs to consider before coming to a verdict.
<h4>How long does a domestic violence case last? </h4>
Once a case begins, it can last anywhere from a few days to a few months, depending on several factors, including the strength of evidence from both sides and whether it can end in settlement. A Tampa domestic violence lawyer will begin negotiations immediately.
<h4>How do most domestic violence cases end? </h4>
Most cases end in dismissal, especially when the accused is a first-time offender. Often the reason is a shortage of evidence, a mistaken/false report from an outsider, reasonable doubt, or a lack of cooperation from the accuser.
<h4>Can the accuser drop domestic violence charges in Florida? </h4>
Only the prosecutor can drop domestic violence charges in Florida. However, the accuser’s input matters. Without their compliance, the court may find it challenging to prove the alleged violence. Mutual confrontation, clouded emotions at the time of the incident, and misunderstanding are common reasons someone may want to drop charges.
<h4>The alleged victim is contacting me. What do I do? </h4>
Never violate a “no contact” court order for any reason. Having any contact with them can get you into more trouble and cause additional charges. The only person who can lift this order is the judge.
If you are encouraged to deviate from the “no contact,” call your domestic abuse attorney before doing anything. You can ask your attorney to file a motion to modify or eliminate the “no contact” provision.
<h4>Don’t you have to be living with someone for it to be considered domestic violence?</h4>
No. It doesn’t matter if you have lived with this person in the past, present – or ever, for that matter. The offense has to be committed by one family or household member against another, which can mean a spouse/former spouse, a girl or boyfriend, a blood relative, or someone related by marriage or if a child is shared between parties. What matters here is how the law is defined.
Definition of a Household or Family Member
Florida law defines a family or household member in multiple ways. The apparent include immediate family:
· Current or former spouses
· Children and stepchildren
The relationship with parents, children, and siblings can be natural, biological, or adoptive. Sometimes the lines for defining a domestic altercation can blur. For example, having a child together without marrying or living together can still connect you as relatives.
<h4>What is the difference between sexual violence and domestic violence? </h4>
Sexual violence generally refers to any form of non-consensual sexual activity or behavior, including rape, sexual assault, sexual battery, and other offenses of a sexual nature. It encompasses acts committed by someone known or unknown to the victim, and it can occur within or outside of domestic relationships.
On the other hand, domestic violence refers to a pattern of abusive behaviors, typically involving physical, emotional, or psychological harm, inflicted by one person upon another within a domestic or familial relationship. The relationship can be between spouses, former spouses, individuals residing together, individuals who have a child in common, or individuals who are or were in a dating or intimate relationship. Domestic violence can include physical violence, threats, intimidation, emotional abuse, financial control, and other forms of coercive behaviors.
While sexual violence can occur within the context of domestic violence, it is not limited to domestic relationships. It can occur between individuals who do not have a domestic or familial relationship, such as in cases of acquaintance rape, assault by a stranger, or sexual violence within a non-domestic setting.
Both sexual violence and domestic violence are taken seriously by Florida law, and there are specific laws, provisions, and support services in place to address and combat each form of violence. These include laws pertaining to reporting, investigation, prosecution, protection orders, counseling, and support for victims.
Contact a Tampa Domestic Violence Lawyer To Schedule Your Free Consultation Today
Facing a charge for domestic violence alone is unquestionably a risk, given the potential of severe consequences that can damage your future and reputation. No matter the details of your case, the legal team at Mike G Law values your right to receive a fair chance before the law and will protect your rights. For more information on how a Tampa domestic violence lawyer can help you, contact Mike G Law to schedule a free consultation.
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I would do more than 5 stars if it was available. Mr. Gonzalez was outstanding. Told everything how it was, very responsive to call and email. Fought very hard to get my husband the outcome he received. If We were to ever need a attorney in Florida again, We would use him as many times as We needed. We highly recommend to anyone looking for an awesome attorney to go with Mike G Law!!! He gets to the point!!!
I cannot recommend Mr Gonzalez enough. He is extremely professional as is his entire firm. Mr Gonzalez has been very knowledgeable and forthcoming throughout the entire legal process. I highly recommend him and a definite five star!
Mike G. is a great attorney. Very professional, very punctual, easy to talk to. Thanks to him my case was dismissed charges dropped.
I was able to text or call Mike anytime I needed to. He worked with me, on a real level and communicated realistic expectations for my situation. Thanks again guys.
I wish I could give Mr. González 10 stars out of 5. He is a stellar and highly competent criminal justice attorney. Mr. González has effectively given me a second chance at life thanks to his deep and professional knowledge of criminal law. I was facing a very serious crime that carried a considerable period of imprisonment. But thanks to his incredible talent, sheer strength of intelligence, and a strong heart to fight for an individual’s values, I can now rest easy knowing that I will not have to suffer through the penal system. If you ever have a problem with the criminal justice system, I highly recommend that you hire this remarkable gentleman to fight for you in your case. I owe you a tremendous debt for your services. He gave me back my life and I will always be grateful. Thank you Mr. Gonzalez!
Mike took care of my legal and civil case and was very helpful and Professional. He was responsive to all my questions and gave me updates as I asked for them. He helped get me in a position to see my son again which I am extremely grateful for. Thank you and God bless!