Domestic Violence Lawyers in Naples, Florida
The Naples, Florida domestic violence lawyers at Foley & Wilson Law Firm can fight for your rights if you have been charged or accused of domestic violence, or “domestic battery” as it is defined under the law. A domestic battery or domestic violence conviction can come with serious consequences including jail time, a criminal record, and the requirement that you seek counseling (attendance of a 26-week-long Batterers Intervention Program), along with other collateral consequences that can include deportation if you are in the U.S. on a visa, problems with your divorce if you are seeking child custody or visitation, and other issues. You could lose your right to have a gun, lose your concealed weapons permit, and may not be able to expunge or seal a domestic violence charge from your criminal record. Under Florida law, you could face domestic violence charges if you are accused of touching or hitting a family member, member of your household, or partner who lives in your home, against their will.
If you have been accused or charged with domestic violence, it is important that you understand that you are innocent until proven guilty. You have the right to remain silent and have the right to ask to speak to a domestic violence lawyer in Naples, Florida. Foley & Wilson Law Firm is a Naples, Florida domestic violence law firm that can assist you with your case. We can look closely at your charges, the evidence against you, and fight to have your charges dropped, reduced, or work with prosecutors to reach a plea deal. Every case is unique, so consider speaking to a domestic violence lawyer in Naples, Florida at Foley & Wilson Law Firm today.
What Counts as a Family or Household Member in a Domestic Battery Charge?
What counts as “domestic battery” under Florida law? Under the law, you could face domestic battery charges, if the person you touched or struck against their will was a family member, household member, or domestic partner. What does this mean? You could face domestic battery charges, if the person you are accused of striking or touching is your:
- Wife or husband, or former wife or husband
- Person related to you through marriage or blood relative
- Person living in your home as a member of your family
- Person who has, in the past, resided in your home
- Or person with whom you share a child
In general, you must either be currently living with the person or have lived with the person in the past, have struck or hit this person, and the police must have evidence of both of these facts in order to convict you of domestic violence. The only exception to the rule is if you have a child in common with the person. You could face domestic battery charges whether or not you lived with the mother or father of your child if you are accused of striking or touching this person.
If you are charged with domestic battery, you could be facing first degree misdemeanor charges, which includes up to one year in jail and fines, in addition to collateral consequences mentioned earlier. When you are facing domestic violence charges, so much more than your freedom is at stake. Your reputation and future are also on the line. You’ll want to take these charges seriously. A Naples, Florida domestic violence lawyer at Foley & Wilson Law Firm can assist you with your case. Our domestic violence lawyers can review the charges against you, help you gather evidence to support your innocence, and fight to help you get the best possible outcome for your case.
Before You Plead Guilty to a Domestic Battery Charge
It might be tempting to plead guilty to a domestic battery charge, especially if prosecutors offer you a plea deal. But before you plead guilty to any crime, you may first want to speak to a Naples, Florida domestic violence lawyer. Pleading guilty to a domestic battery charge carries some serious consequences that cannot be reversed. Specifically, if you are found guilty or plead guilty to domestic battery, you are not eligible to have your criminal record sealed or expunged. This means you’ll have your domestic violence charge on your criminal record for the rest of your life. Before you plead guilty to a domestic battery charge, consider speaking to the Naples, Florida domestic violence lawyer at Foley & Wilson Law Firm today.
Domestic Violence Defenses
There are many potential defenses to domestic violence charges or accusations. If you are facing domestic violence charges, your domestic violence lawyer will take the time to listen to your story, and help you build your case. Here are some potential domestic violence defenses:
- Self-Defense. If you feared for your safety or life and struck or touched a family member to protect yourself or others, self-defense may be a valid domestic violence defense. However, if you escalated a situation, or started the conflict or violence, self-defense may not be a valid defense.
- False Allegations. Sometimes a person accuses their partner or family member of domestic violence because they want to protect themselves in a child custody battle. If you believe you are being accused of domestic violence because you are going through a divorce or because you believe you partner wants a favorable child custody ruling, you may be able to present this as your defense. A Naples, Florida domestic violence lawyer at Foley & Wilson Law Firm may be able to cross-examine the person accusing you of domestic battery or take a close look at statements he or she had made, to identify places where the story changed.
- Lack of Evidence. In many domestic violence cases, there simply isn’t enough evidence to result in a conviction. A skilled domestic violence lawyer in Naples, Florida at Foley & Wilson Law Firm can look closely at the evidence against you and fight to help you get the best possible outcome for your case.
These are just some possible defenses that your domestic violence lawyer may be able to use if you have been charged, arrested, or accused of domestic violence. The key thing to remember is that you have rights and are innocent until proven guilty. Reach out to the Naples, Florida domestic violence lawyer at Foley & Wilson Law Firm today to protect your innocence, your freedom, your reputation, and your future. Call 239-984-9115.