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Fort Myers Criminal Defense Lawyer / Fort Myers Domestic Violence Defense Lawyer

Fort Myers Domestic Violence Defense Lawyers

Domestic violence is a common criminal charge that often arises out of a domestic dispute. This charge cannot be taken lightly, however, as the consequences are swift, severe, and wide-ranging. At Foley & Wilson Law Firm, we bring over 45 years of experience from our team of former prosecutors and veteran defense attorneys to defend our clients charged with domestic violence, stalking, assault, battery, and related offenses. Focusing exclusively on criminal defense, we stand committed to offering unparalleled legal representation in this vital area. Our approach is rooted in treating each client with dignity and respect while providing skilled and professional advocacy for those facing serious allegations in Florida courts. Contact our experienced Fort Myers domestic violence defense lawyers for immediate help.

Overview of Domestic Violence in Fort Myers, Florida

Domestic violence in Florida, as defined under Florida Statutes 741.28, involves 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 a domestic violence offense, the prosecution must prove beyond a reasonable doubt that:

  1. The defendant committed a criminal act as described above.
  2. The victim was a family or household member, which includes spouses, former spouses, persons related by blood or marriage, persons presently residing together as if a family, or who have resided together in the past as a family, and persons who have a child in common regardless of whether they have been married or lived together.

Under Florida Statutes 741.283, domestic violence convictions carry significant consequences. Penalties can range from mandatory minimum sentences to more severe repercussions depending on the nature of the offense and any prior convictions. These penalties may include:

  • Mandatory imprisonment of ten days for a first offense
  • Completion of a batterers’ intervention program
  • Loss of certain civil liberties, like gun ownership
  • Imposition of an injunction or restraining order
  • Possible deportation for non-citizens

At Foley & Wilson Law Firm, we understand the complexities of domestic violence cases and the importance of a strong defense strategy. We raise all viable defenses and negotiate or litigate from a position of strength to achieve a favorable outcome. Common potential defenses to a domestic violence charge include:

  • Self-Defense: Arguing that the accused was acting in self-defense or defense of others.
  • False Accusations: Addressing situations where accusations are falsely made, often due to emotional disputes or custody battles.
  • Lack of Proof: Highlighting the lack of evidence to meet the prosecution’s burden of proof.
  • Violation of Rights: Uncovering any procedural errors or violations of the defendant’s rights during the investigation or arrest.

A Strong Commitment to Client Advocacy in Fort Myers Domestic Violence Cases

Navigating the legal intricacies of domestic violence charges requires skilled representation. Foley & Wilson Law Firm is dedicated to providing clients in Fort Myers with the highest level of professional legal assistance. We understand the impact these allegations can have on your life, and we are committed to defending your rights with the utmost skill and professionalism.

If you are facing domestic violence charges in Fort Myers, it’s crucial to seek legal counsel immediately. Contact Foley & Wilson Law Firm today for a free consultation to discuss your case and explore your legal options.

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