Domestic Violence Defense Lawyer
An accusation of domestic violence can greatly affect your personal life, but can also have serious long-term repercussions.
A criminal defense attorney, well-versed in this area of the law, can make sure you received the best possible resolution.
Why is hiring a domestic violence defense lawyer at J. David Bogenschutz & Associates, P.A., in Fort Lauderdale, FL, critical to your case?
A Criminal Defense Lawyer Is Your Advocate
A criminal defense attorney at our Fort Lauderdale firm can help guide you during this difficult time and help you navigate the complicated laws surrounding domestic violence allegations. J. David Bogenschutz and Jaclyn E. Broudy are incredibly knowledgeable about the laws and legal strategies used in criminal defense cases.
Reduce the Consequences
A guilty verdict can have extremely harsh consequences, including restraining orders that prevent you from seeing your children or family. A criminal defense lawyer can negotiate more favorable outcomes so that your life is affected as little as possible.
Protect Your Rights
Due to the nature of domestic violence, prosecutors are often aggressive and unjust in their pursuit for justice–even if the alleged victim does not want to pursue charges. A criminal defense attorney can help build compelling evidence that protects your best interests.
A criminal defense lawyer can negotiate more favorable outcomes so that your life is affected as little as possible.
Contact Our Criminal Defense Law Firm for Legal Advice
Seeking the legal guidance of a criminal defense lawyer can help you get a more favorable outcome for your case. If criminal charges have been filed against you, contact our firm in Fort Lauderdale today. We are licensed to practice criminal defense in both state and federal court, and serve clients throughout Broward County, South Florida, and on a federal level, around the country.
Call us at (954) 764-2500 or reach us online.
We Can Help You Get Your Life Back On Track
Dealing with Restraining Orders
Your accuser can file a petition with the civil court to have an injunction for protection, or restraining order, entered. Any testimony in the civil case can be used by the prosecution to support the criminal charges. This makes it critical that you have a criminal defense attorney who understands how civil proceedings can affect your case. We will work with you to fight your domestic violence charge while also dealing with the civil aspect of the injunction for protection.
Fighting Criminal Convictions
A domestic violence charge can range from a misdemeanor to a felony. Even if the ultimate resolution is a withhold of adjudication, meaning you will not be a convicted felon, those who commit this crime are ineligible to have their criminal record expunged or sealed. This can affect your employment, injunction, child custody case, and pending divorce case. We can develop effective legal strategies to get your case dismissed or your charges reduced.
Maintaining Your Freedom
A conviction can affect your freedom in so many ways. For example, jail time can range from up to one year for a misdemeanor, to five years for a third-degree felony. In addition, you must avoid DUI, theft, and other criminal charges while you are on probation, and violation of your probation will put you back in custody. Our Fort Lauderdale attorneys will seek to minimize any penalties that can affect your freedom so you can focus on rebuilding your life.
Domestic Violence Cases in the State of Florida
What Is Domestic Violence?
These charges can include physical violence, threatened violence, stalking, and other types of abuse committed against a family member, someone who lives in your household, or even abuse against a significant other even if you are not living with them at the time the abuse occurs.
Under Florida law, domestic battery refers to the intentional touching or striking of another person without his or her consent.
If you have been accused of any type of domestic abuse or violence, an attorney at our Fort Lauderdale firm in Broward County can help you get the charged dismissed or reduced.
What Constitutes a Family or Household Member?
These types of charges involve family or household members. This can include:
- Wives and husbands
- Ex-wives and ex-husbands
- Individuals related by blood or marriage
- Individuals living together as a family
- Individuals who have resided together as a family in the past
- Persons who have a child in common (regardless of a prior marriage)
Why Can't These Charges Be Dropped?
When police officers respond to domestic abuse calls, they typically arrest one party, even if the opposing party does not wish to file charges.
Once the police report is filed, the case moves to the Office of the State Attorney where prosecutors decide whether to file formal charges or dismiss the case. Unfortunately, even if the victim does not wish to pursue charges, the decision is up to the State, which can often make it difficult to get the charges dropped.
However, our Fort Lauderdale attorneys can reach out to the prosecution to submit evidence in your defense, bring up any legal issues with the case, and present mitigating circumstances, all of which can affect the state's decision to move forward, well before the charges are ever filed.
If the case isn't dropped in its early stages, we will file the appropriate pre-trial motions to convince the court to dismiss your or reduce the charges. If no resolution can be reached, we will be prepared to present your case to a jury.
Effective Legal Defense Strategies
We will consider all of the facts and circumstances of your case to provide you with the best representation and defense possible. The prosecution may not wish to proceed with your case if we can show:
- The accuser has no injuries
- The facts and evidence can be disputed
- A lack of evidence
- The accuser is seeking revenge
- The defendant acted in self-defense
- The defendant acted in the defense of other people or property
- The confrontation was mutual
Hiring the right attorney who can properly navigate through the criminal court system is essential so you know what options are available to you while your charges are pending.
We can submit evidence in your defense, bring up any legal issues with the case, and present mitigating circumstances, all of which can affect the state's decision to move forward with charges.
The Importance of Maintaining a Clean Legal Record
Any new criminal charge that is filed against you during or after your case can affect your legal outcome or punishments. Crimes such as DUI and restraining order violations reflect poorly on your character during the legal process; further, DUI and restraining order violations can break the terms of your probation.
Avoiding alcohol and drugs of any type is ideal, as engaging in these activities can increase the risk of getting a DUI, disorderly conduct, or another intoxication-related charge.
If you live in Fort Lauderdale, Broward County, or another area of South Florida, the attorneys at J. David Bogenschutz & Associates, P.A., can provide you with trusted legal guidance through every stage of your criminal case.