Cape Coral Domestic Violence Defense
Domestic violence is a problem that exists everywhere, and Cape Coral is no exception. Often, however, arrests are made based on allegations rather than evidence, but the consequences are no less severe. Strong and strategic legal representation is essential to avoid the harsh and wide-ranging penalties that can be imposed on conviction of a domestic violence charge. At Foley & Wilson Law Firm, our experienced legal team, comprising former criminal prosecutors and seasoned criminal defense attorneys with over 45 years of experience, offers professional, effective defense in domestic violence cases. We conduct our cases skillfully while providing our clients with a high level of professional representation, ensuring that their rights are protected and their dignity is upheld. Contact our experienced Cape Coral domestic violence defense lawyers today.
What Constitutes Domestic Violence in Florida?
Florida Statute 741.28 defines domestic violence 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. To secure a conviction for domestic violence, the prosecution must prove these elements beyond a reasonable doubt:
- Relationship: The perpetrator and the victim must be family or household members, defined as spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as a family, and persons who are parents of a child in common regardless of marriage.
- Act of Violence: The alleged violent act must fall under the statutory offenses listed above, ranging from physical harm to stalking and kidnapping.
The penalties for a domestic violence conviction in Florida vary based on the severity of the offense and can include:
- Jail or Prison Time: Depending on the severity of the offense, sentences can range from a year in county jail to several years in state prison. In certain cases, convicted offenders are required to spend a mandatory minimum of ten days in jail on a first offense, and up to 20 days for a third or subsequent offense, in addition to other sentencing.
- Fines: Convictions may carry significant fines.
- Mandatory Programs: Courts often require the completion of a batterer’s intervention program.
- Injunctions/Restraining Orders: These legal orders restrict the accused’s ability to contact the victim.
- Impact on Rights: Convictions can affect the defendant’s civil rights, such as owning firearms.
Potential Defenses in Cape Coral Domestic Violence Cases
At Foley & Wilson Law Firm, we explore every avenue to defend our clients charged with domestic violence in Cape Coral. Some of the defenses that may be available in domestic violence cases include:
- Self-Defense: Arguing that the accused was acting in self-defense or defense of others.
- False Accusations: Demonstrating that the allegations are false or exaggerated.
- Lack of Evidence: Highlighting the insufficiency of evidence to meet the legal standard of proof.
- Consent: In certain situations, consent may be a viable defense.
- Violation of Rights: Addressing any violation of the accused’s rights during the investigation or arrest.
Our seasoned Cape Coral criminal defense attorneys approach each case with a deep understanding of the Florida legal system and a commitment to maintaining the highest standards of professionalism. We treat our clients with respect and dignity, recognizing the stressful and sensitive nature of domestic violence allegations. Our goal is to provide effective, skilled representation to help navigate the complexities of the legal process.
Contact Foley & Wilson Law Firm for Dedicated, Effective Defense Against Charges of Domestic Violence in Cape Coral
If you are facing domestic violence charges in Cape Coral, Florida, contact Foley & Wilson Law Firm for a free consultation to discuss the charges against you and your best options for a positive outcome. Our experienced legal team is ready to provide you with the representation you need to protect your rights and your future.