Miami Domestic Violence Attorney 

Experienced Legal Support for Domestic Violence Cases in Miami-Dade County 

Domestic violence is a serious issue that can have lifelong repercussions for its victims. Many people are unaware of the potential legal consequences of facing such criminal charges, so it is important to understand the gravity of this charge when dealing with such crimes. At our firm, we are experienced in providing legal counsel to help those who have been accused of domestic violence and those who may be victims of abuse or assault. Whether you're dealing with misdemeanor or felony charges, our domestic violence lawyers can help you navigate the complex legal system. 

Our Miami domestic violence lawyer is a dedicated professional with the knowledge and experience to guide you through the difficult justice process. Everyone deserves fair representation regardless of their situation, and we will do everything possible to protect your rights throughout the criminal process.

Are you facing a domestic violence charge in Florida? Call Law Office of Armando J. Hernandez, P.A. today at (305) 400-0074 or contact us online to schedule a meeting with our domestic violence lawyer in Miami! 

Understanding Domestic Violence Laws in Miami & Florida

In Florida, the law establishes that a domestic violence offense occurs when a family or household member commits any act of physical violence against or threatens 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 ready to prosecute any person charged with domestic violence aggressively. If you're facing these charges, you should retain a skilled domestic violence attorney in Miami.

Penalties for Domestic Violence Convictions in Miami

The penalties for domestic violence in the state of Florida are as follows:

• Up to one year in jail and/or significant fines for misdemeanor offenses such as simple assault and battery
• Lengthy prison sentences, restitution payments, extra costs associated with legal counsel, and even life imprisonment in some cases for more serious felonies such as aggravated assault or domestic battery by strangulation.
• Possible loss of gun rights
• Probation and/or mandatory counseling. It is important to note that the penalties for domestic violence vary from case to case, so it is essential to seek legal help immediately if you are facing charges.
• A restraining order from the alleged victim
• Community service

Different Types of Domestic Violence Charges in Miami

In the state of Florida, there are several types of domestic violence offenses that can be prosecuted depending on the situation, including:

• Stalking
• Constant harassment
• Threats of physical harm

Sexual Abuse & Domestic Violence in Miami

• Obligated sexual acts
• Unwanted sexual contact

Physical Assault & Domestic Abuse in Miami

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

Comprehensive Defense from a Domestic Violence Lawyer in Miami

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

Defending Against 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 actions, or 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 be classified 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.

Types of Protection Orders in Domestic Violence Cases

Domestic violence victims have the right to seek protection orders to safeguard themselves and their loved ones from further harm.

Types of protection orders available in domestic violence cases include:

• Domestic Violence Injunctions
• Restraining Orders
• No-Contact Orders
• Stay-Away Orders

Our dedicated legal team at Law Office of Armando J. Hernandez, P.A. is committed to helping you learn more about how we can help you with your domestic violence case.

Protecting Your Rights in Domestic Violence Cases in Miami

At Law Office of Armando J. Hernandez, P.A.  we understand the serious nature of domestic violence charges and the impact they can have on your life. Our experienced Miami domestic violence attorney is dedicated to protecting your rights and providing you with a strong defense. Through detailed case analysis and innovative defense strategies, our aim is to ensure every individual's story and context are presented and defended in court.

When facing domestic violence allegations, it is crucial to have a skilled Miami domestic violence lawyer on your side who can navigate the complexities of the legal system. We will thoroughly investigate your case, gather evidence, and build a strategic defense tailored to your specific situation. Our approach often includes collaborating with forensic experts, evidence analysts, or mental health professionals to present a comprehensive understanding of the circumstances surrounding your charges.

Our domestic violence defense services include:

• Legal representation for clients charged with domestic violence in Miami-Dade County, ensuring every facet of your defense is covered across local jurisdictions.
• Explanation of what constitutes domestic violence under Florida law, demystifying complex legal language to inform you of your rights and options.
• Explanation of the penalties for domestic violence convictions, so you can make informed decisions about your defense strategy and understand potential outcomes.
• Defense against various types of domestic violence, including sexual abuse and physical assault, ensuring coverage across the full spectrum of potential charges.
• Assistance in fighting child abuse allegations in Miami, with dedicated support aimed at protecting family integrity and your legal standing.

Don't wait to protect your rights and future. Contact our dedicated Miami domestic violence lawyer today for a confidential consultation. Early legal intervention can significantly influence the direction and outcome of your case.

Contact Our Miami Domestic Violence Lawyer Today

If you or a loved one has been accused of any domestic violence offense in Florida, it is incredibly important that you seek legal help as soon as possible. Our experienced team of criminal defense lawyers will do everything possible to ensure your rights are respected throughout the entire process and fight for the best possible outcome in your case. Do not hesitate to contact us today for more information and immediate assistance. Acting promptly can open more avenues for defense and potentially mitigate the legal repercussions you're facing.

Frequently Asked Questions About Domestic Violence Defense in Miami

What Constitutes Domestic Violence Beyond Physical Acts?

Domestic violence encompasses more than just physical assault. It includes emotional, psychological, and financial abuse, which can be just as damaging as physical violence. Emotional abuse involves manipulation, coercion, and belittling behavior, while psychological abuse includes threats, intimidation, and isolation. Financial abuse can involve controlling a partner's access to financial resources, thereby limiting their independence. Each form of abuse is serious and has legal implications that require attention and action. Whatever the specifics of the accusations against you, our domestic violence lawyer in Miami knows how to defend your rights and fight for your freedom and reputation.

What Are the Advantages of Hiring a Local Defense Attorney?

At Law Office of Armando J. Hernandez, P.A., our domestic violence lawyer in Miami knows the inner workings of local courts, knows the local judges and prosecutors, and can leverage this insight to build a proactive, thorough defense to protect your rights and interests.  Our firm is skilled in customizing defense strategies that consider these local nuances of each criminal court, ensuring that our representation is as effective as possible.

What Should I Do If I’m Being Falsely Accused of Domestic Violence?

If falsely accused, it’s important to remain calm and seek legal assistance immediately. Avoid any confrontation with the accuser and keep all communication channels open with your attorney. Collect and preserve any evidence that can demonstrate your innocence or contradict the accusations. This might include text messages, emails, or witness testimonies. Working closely with a domestic violence attorney in Miami can help ensure that your side of the story is accurately presented in court, enhancing your chances of a favorable outcome.