Naples Domestic Violence Defense Lawyer

As mentioned, the definition of “domestic violence” is deliberately broad in an attempt to protect Florida residents from harm. Specifically, the definition of domestic violence allows law enforcement to charge an alleged offender when someone accuses them of:

• Assault or aggravated assault
• Battery or aggravated battery
• Sexual assault and/or battery
• Stalking
• Kidnapping
• False imprisonment or restraint

The specifics of the charges brought against you may change the consequences you face when your case goes to court. You can work with a Naples domestic violence criminal defense attorney to better understand the specificities of your case and how to address them.

If you face domestic violence charges, you may incur misdemeanor or felony consequences for your alleged behavior. The specifics of the consequences you face will vary depending on the severity of the accusations brought against you.

For example, a domestic violence case addressing assault may constitute a second-degree misdemeanor, resulting in up to 60 days in jail and fines of up to $500 upon a conviction. Comparatively, aggravated assault cases jump up to third-degree felony charges, putting you at risk for up to five years in jail and fines of up to $5,000.

Florida Statutes Chapter 784 details each of the facets of domestic violence, along with the complexities of assault charges and their related consequences. If you’re unsure of what to expect from the domestic violence charges leveled against you, a Naples domestic violence criminal defense lawyer can help assess the nature of your case.

As mentioned, there are several malicious reasons someone may issue domestic violence charges against an innocent party. In the face of seemingly unfounded domestic violence charges, you have the right to plead not guilty and bring evidence of your innocence forward in criminal court.

Common arguments against domestic violence charges in Florida can include:

• The initial charges were maliciously issued
• The behavior categorized as violence occurred accidentally
• You engaged in violent behavior out of self-defense

You can work with our team to determine what argument against your domestic violence charges best suits your case.

Note that if you accept a plea bargain, plead “guilty,” or plead “no contest” to the domestic violence charges brought against you, you cannot have the charges sealed or expunged. The only way to prevent these charges from going on your record after they’ve been issued is to be found not guilty by the state.

While you cannot remove a domestic violence conviction from your criminal record, you can take action against domestic violence injunctions.

Victims of domestic violence have the right to file injunctions against alleged offenders in Florida. These injunctions offer victims protection from parties that have been accused of domestic violence, sexual violence, or stalking.

Parties accused of domestic violence injunctions have the opportunity to appeal these injunctions if they were falsely issued or if they have expired. You can discuss the means through which you can appeal these injunctions with a domestic violence criminal defense attorney in Naples.