Domestic Violence Defense Attorney Tampa
Domestic violence is a term used to describe a wide variety of behavior and conduct that relates to one member of a household harming another member of the household. Facing allegations of domestic violence can be stressful and leaving you feel uncertain about your future. Perhaps you have children in the household that you may no longer be able to see due to allegations of domestic violence. Or, maybe you yourself are a victim of domestic violence and you have done nothing more than try to defend yourself.
It is not uncommon for individuals to be charged with a domestic violence-related crime when in fact the accused was only defending him or herself from imminent harm or the threat of imminent harm. Tampa Domestic Violence Defense Attorney Marc A. Joseph, P.A. understands just how complicated and sensitive domestic violence matters can be. When facing allegations of domestic violence, you will need a competent and seasoned Tampa Criminal Defense Attorney to help you fight the allegations and reach a resolution that is fair given the circumstances surrounding your case. March A. Joseph, P.A. possesses the qualities necessary to provide you with the best legal representation possible to fight allegations of domestic violence.
Florida’s Domestic Violence Law
Under Florida law, Fla. Stat. § 741.28(2), domestic violence is defined 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.”
Given that nearly any crime that results in physical injury or death may be considered an act of domestic violence given Florida’s broad definition, fighting allegations of domestic violence is not always an easy task. A key factor to be aware of is that the allegation of domestic violence must be made by a family or household member. This includes spouses, former spouses, persons related by blood or marriage, persons living together as a family would or who have resided together as a family would in the past, in addition to parents of a child regardless of whether the parents are married or not.
Because there are so many variables involved in any given domestic violence case, no two cases are going to be exactly alike. As such, if you have been charged with a domestic violence-related crime, you should not assume that the outcome of the criminal charge will be the same for you as it is for another person. Tampa Criminal Lawyer Marc A. Joseph, P.A. provides legal representation that is unique to the particular facts of your case, so that you are not simply receiving “standardized” legal advice. You will be receiving advice that pertains only to your situation and not what generally happens with domestic violence cases in Florida.
Consequences of Domestic Violence Charges in Florida
Unlike many other crimes, if a crime relates to an act of domestic violence as defined above by the Florida legislature, the accused may have to stay in jail until he or she has a hearing before a judge. This alone can be a large bump in the road as the consequences of simply being arrested and charged can result in you no longer being able to make contact with your loved ones. This may seem unfair given that you are innocent until proven guilty, however, because so many individuals have been harmed by acts of domestic violence, Florida law takes each and every allegation seriously, regardless of whether or not such allegations truly have merit.
If you are ultimately convicted of a domestic violence-related crime, such as assault or battery, for example, you face potential jail time, the imposition of fines, and probation. As with all crimes, the more serious the conduct, the greater the punishment will be if you are convicted. For example, if you are charged with misdemeanor assault as it relates to an incident of domestic violence, you will not be required to serve jail time for any longer than one year, and oftentimes, your attorney can negotiate with the prosecutor to reach a resolution that keeps you out of jail. On the other hand, if you are charged with felony aggravated assault with a deadly weapon, you face potentially harsh consequences in terms of jail time. However, regardless of whether the criminal charge is a felony or misdemeanor, any punishment following conviction will likely be based on how serious the conduct is and how badly another individual was harmed.
Why it is Important to Speak with a Domestic Violence Defense Attorney in Tampa
Many Tampa residents choose to face criminal charges alone, and hope they can prove why they are innocent. When an individual chooses to represent him or herself, this is termed “pro se.” While it is certainly possible to represent yourself in court, it is not a good idea to face serious criminal charges without a legal professional by your side. Handling criminal matters relating to domestic violence involves not only the criminal aspect of the situation, but it also implicates family law matters. As such, a criminal charge relating to domestic violence involves much more than simply the consequences associated with the criminal charge alone. If you have children, you may not be able to see them for a particular period of time if you are ultimately convicted of a crime relating to domestic violence.
While there are no guarantees when it comes to criminal law, you will have a general idea of what to expect and what the possible outcomes are to any given situation. Your attorney will always provide you with the worst case scenario just to ensure that you are fully aware of what you are facing. However, unless a crime is very severe and the evidence against the accused is mounting, there usually is a way to avoid the most serious of consequences that a particular crime carries with it. As such, it is imperative to at least consider how a Tampa Criminal Defense Attorney can help you fight the criminal charge(s) against you. Without the help of an attorney, you are taking an uncertain path that could result in a much worse outcome.
Contact Tampa Criminal Defense Attorney Marc A. Joseph, P.A. Today for a Free Consultation
Domestic violence is taken very seriously in and around Tampa as well as throughout the state of Florida. While there may be grounds for an individual to be sentenced due to an act of domestic violence, there are also situations where innocent individuals are wrongfully accused, and face serious consequences. Whether or not you are innocent or guilty does not matter when it comes to the need for excellent legal representation from a skilled Tampa Criminal Defense Attorney. If you have been charged with a crime relating to domestic violence, you should consider speaking with Tampa Criminal Defense Attorney Marc A. Joseph, P.A. as soon as possible. With more than 16 years of experience defending his clients’ rights, Marc A. Joseph, P.A. has the resources and dedication to help you fight allegations of domestic violence and also defends those who have been accused or charged with Battery in Tampa. To schedule your free consultation with Marc A. Joseph, P.A. to discuss your criminal charge(s), contact our office today by calling (813)234-6374.