Miami Domestic Battery Attorney | Whittel & Melton
Domestic battery in Miami, FL, is a serious offense. Don't wait to get the help you deserve.
When you've been the victim of domestic battery, you probably feel confused and uncertain about what to do. You may wonder if the situation is really as serious as you think or if you're overreacting. You may also feel afraid, angry, and frustrated. But no matter how you're feeling, it's essential to seek help and understanding.
Our knowledgeable Miami domestic battery attorneys can help you understand your rights and options and build a legal case to protect yourself and your loved ones.
Whether you're ready to move forward or simply looking to have your questions answered, the team at Whittel & Melton is here to help.
Call us today to discuss your case.What Exactly is Domestic Battery in Miami, FL?
Domestic battery falls under domestic violence's more extensive umbrella term and can be punishable by fines and jail time.
In 2019, across all of Miami-Dade, there were a total of 8160 domestic violence offenses reported, with a total of 4,188 arrests made.
Domestic battery is a form of domestic violence, which is a pattern of behavior that causes harm or fear of harm to a family member or intimate partner. Domestic violence can include physical, sexual, emotional, and financial abuse and threats of harm.
Usually, domestic battery is committed by a partner or spouse, but other family members and even friends or neighbors can also be abusers.
What Constitutes Domestic Battery?
The definition of domestic battery depends on the state in which the offense occurs. In the state of Florida, the definition of domestic battery is intentionally causing bodily harm or attempting to cause such harm to another person who is either a family member or an intimate partner.
These relationships can include:
- Current/Former sexual partners
- Current/Former Roommates
The purpose of domestic battery laws is to protect victims of domestic violence and to hold abusers accountable.
Here at Whittel & Melton, we understand the complexity of domestic violence and the various ways it can manifest itself. That's why we provide compassionate, effective legal counsel, offering a variety of resources to help you understand your situation and navigate the judicial system.
How Serious is Domestic Battery in Miami?
Domestic battery is a serious crime and can result in serious consequences, including fines, jail time, or other forms of punishment.
The severity of penalties for domestic battery in Miami depends on the specific circumstances of the case, including the relationship between the victim and the perpetrator and any physical or emotional injuries incurred.
What Can Be Expected Following a Domestic Battery Charge?
Domestic battery charges are very serious, and if you or someone you know has been accused of this crime, it is essential to understand the process.
Below is a fundamental breakdown of what you need to know after filing for a domestic battery charge.
The Offender Will Be Arrested
If you've called the police immediately following the incident, they will likely show up and take the offender into custody. At this point, you will need to provide them with any necessary details so that they can conduct their investigation.
If you hire an attorney, the process will likely proceed in the same way. The prosecutor will review the case, and once they feel they have enough evidence to move forward, the offender will be arrested and charged.
Bail May Be Set
Once arrested, the offender will be taken to the police station to be fingerprinted and processed. Depending on the severity of the situation, the offender may be released on bail, or they may have to remain in jail until their court date.
If the offender is released on bail, they will have to pay a bond amount to be released. This will be refunded once the case has been resolved. If the offender does not have the financial means to post bail, they may be able to use some form of collateral, which is property that is given as security for a future court appearance.
However, if this isn't an option, they will have to remain in jail until their court date.
Is Domestic Battery Considered a Felony in Miami?
The charge will depend heavily on the specific circumstances of the situation.
In Miami, domestic battery charges are typically filed as misdemeanor offenses. However, if the victim suffers serious physical or emotional injuries due to the battery, the charge may be elevated to a felony, such as the situation in cases of domestic battery by strangulation.
In Florida, the charge of domestic battery by strangulation is a serious felony. If a person intentionally and unlawfully restricts the breathing or blood circulation of another person by applying pressure on their neck or throat, they may be charged with domestic battery by strangulation. This is a serious crime that carries a maximum penalty of up to five years in prison.
What Sentence Can Be Given if Found Guilty of Domestic Battery in Miami, FL?
The sentence for a domestic battery charge can vary depending on the specific circumstances of the situation.
For instance, if the offender is found guilty of a first-degree misdemeanor for simple domestic battery, the judge may impose a probation sentence in lieu of incarceration. However, they could also impose a sentence of jail of no more than one year and a fine of up to $1,000.
If the offender is found guilty of a third-degree felony, such as in the case of domestic battery by strangulation, then the judge will be more inclined to impose a sentence of up to five years in prison, along with a fine of $5,000.
Do I Need a Miami Domestic Battery Attorney?
If you feel that your safety is at risk or have been a victim of domestic violence, you may wonder if you should hire a Miami domestic battery attorney.
This may be the case in situations where you have recognized the signs of domestic violence, such as a partner who is prone to fits of rage or physical abuse.
If you feel that your safety is at risk, it is strongly advised that you speak with a domestic battery attorney from Whittel & Melton. This will allow you to discuss the specifics of your situation with an attorney to determine the best course of action moving forward.
When you need a Miami domestic battery attorney you can trust, Whittel & Melton has your back.
We have handled some of the toughest domestic battery cases in Miami, and we will fight for your rights as a victim of domestic battery. When you are ready to take action on your case, our domestic battery defense attorneys are ready to go to work.
Of course, if you feel you have been wrongfully accused of domestic battery in Miami, it is in your best interest to contact a Miami domestic battery attorney immediately. Our team of domestic battery attorneys will work hard to represent your best interests in court, ensuring that you can focus on your personal well-being. No matter the circumstances of your case, our domestic battery attorneys will fight for your defense.
If you believe you or a loved one may need a Miami domestic battery attorney, please don’t wait. Call the Whittel & Melton team today and get your free case evaluation.