ARRESTED?
INVESTIGATED FOR
DOMESTIC VIOLENCE?
NEED TO DEFEND AGAINST AN INJUNCTION OR STAY AWAY ORDER FOR DOMESTIC VIOLENCE?
NEED TO GET BACK HOME OR SEE YOUR KIDS?
AGGRESSIVE, EXPERIENCED & AFFORDABLE REPRESENTATION, AVAILABLE NOW!
We focus on innovative defenses and ways of getting your domestic violence criminal case dismissed, and then expunging your arrest and court records.
Facing domestic violence accusations is an overwhelming and emotionally charged experience. We understand the complexities and sensitivities surrounding these cases. That’s why, at the Law Offices of “Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers”, your shield in Domestic Violence cases for over 35 years, we concentrate our practice on providing aggressive & affordable criminal defense for individuals accused of or arrested for domestic violence crimes in Florida.
We also fight civil injunctions, restraining orders and stay away orders to get you back in your home, restore your privilege to carry a gun, protect your record and background checks from the damaging effects of a record of violent propensity and protect your immigration status.
If you are not a US citizen, a conviction for domestic violence may cause your deportation. It’s important to fight and keep this damaging allegation from your record either way.
Understanding Domestic Violence in Florida
Domestic violence, as defined by Florida law, encompasses various forms of violence against family members, current or former cohabitants, relatives by marriage, or individuals in dating relationships. It includes threats, physical contact, stalking, and even kidnapping. If you find yourself entangled in these legal complexities, we’re here to help.
Navigating Florida’s Domestic Violence Laws
Florida Statutes Sections 741.28 to 741.31 and 784.046 outline the laws governing domestic violence.
Offenses such as assault, aggravated assault, battery, aggravated battery, strangulation, stalking, aggravated stalking, false imprisonment, kidnapping, aggravated kidnapping, and tampering with evidence (such as preventing a call to 911, grabbing the phone away from the victim, etc.) are categorized and treated with varying degrees of severity.
Navigating Florida’s Domestic Violence Laws
Florida Statutes Sections 741.28 to 741.31 and 784.046 outline the laws governing domestic violence.
Offenses such as assault, aggravated assault, battery, aggravated battery, strangulation, stalking, aggravated stalking, false imprisonment, kidnapping, aggravated kidnapping, and tampering with evidence (such as preventing a call to 911, grabbing the phone away from the victim, etc.) are categorized and treated with varying degrees of severity.
Navigating Florida’s Domestic Violence Laws
Florida Statutes Sections 741.28 to 741.31 and 784.046 outline the laws governing domestic violence.
Offenses such as assault, aggravated assault, battery, aggravated battery, strangulation, stalking, aggravated stalking, false imprisonment, kidnapping, aggravated kidnapping, and tampering with evidence (such as preventing a call to 911, grabbing the phone away from the victim, etc.) are categorized and treated with varying degrees of severity.
Aggravated offenses involve the threat of violence or actual physical contact with a deadly weapon. A deadly weapon can be a gun, but does not have to be one. It could be a bottle, a stick, a car, any object that could cause great bodily harm or death. These charges carry heavier penalties than simple offenses such as first or second-degree misdemeanors. For instance, while simple battery may result in a first degree misdemeanor, felony battery escalates to a third degree felony with more severe consequences.
The Challenges of Prosecuting Domestic Violence Cases and How We Use Them To Your Advantage
Domestic violence cases pose unique challenges for prosecutors, as they often rely heavily on the testimony of the alleged victim. Prosecutors may need to seek additional evidence, such as witness statements, photographs, and medical reports to strengthen their case in situations involving physical attacks. We take advantage of that difficulty to legally block the prosecution from introducing damaging evidence against you and fight to clear you from a conviction.
Your Constitutional Rights
We enforce your constitutional rights to protect you from unfair prosecution at the hands of the government. We know and use the Florida rules of criminal procedure to ensure you have and review all discovery and evidence against you in a timely manner, get a speedy trial, and If they cannot give you one within the provided time period, we move to dismiss!
Stand Your Ground Law
We also use Florida’s stand your ground law to vindicate your right to repel an attack from a male or female in a domestic violence case. We use every legal tool available to try get your case dismissed prior to trial.
Stay Away Orders
In situations where the victim has a stay-away order in the criminal case or a restraining order, which is also referred to as a civil injunction in family court, we have the ability to petition the judge for the removal of these orders when they are deemed unnecessary. Our initial aim is to facilitate the return of our client back home, get the case dismissed, then expunge all arrest and court records, if eligible.
Understanding the Potential Penalties
A conviction, or even a withhold of adjudication in a domestic violence case may not be sealed or expunged in Florida, unless you are acquitted or your case is dismissed. If you are acquitted, or your case is dismissed, you may be eligible to expunge all arrest at court records, if you otherwise qualify. Besides winning your case, to qualify, you must not have been adjudicated guilty of any other criminal offense or comparable municipal ordinance violation and never have previously sealed or expunged an arrest or court record.
If convicted of a domestic violence offense, the penalties vary based on the specific crime committed.
Second degree misdemeanors, like simple assault, (scaring a person or threatening to commit bodily harm with the apparent ability to do so) can result in up to 60 days in jail and a fine of up to $500. First degree misdemeanors, such as simple battery (touching a person or hitting against their will), may lead to a jail sentence of up to a year and a fine of up to $1,000.
For more serious offenses like third degree felony charges (e.g., aggravated assault or felony battery), individuals could face up to 5 years in prison and fines of up to $5,000. Second degree felony charges, like aggravated battery, carry penalties of up to 15 years in prison and $5,000 in fines. Kidnapping or burglary with an assault or battery cases within domestic violence scenarios can be even more severe, potentially leading to non-bondable felonies with sentences of up to 30 years in prison and substantial fines.
The Importance of an Effective and Determined Defense
When accused of domestic violence, it is crucial to have a strong and dedicated defense team by your side. At the Law Offices of “Albert Quirantes, Esq, Criminal DUI & Ticket Lawyers”, we believe in protecting your rights and ensuring that justice is served. Albert Quirantes and his team of seasoned domestic violence criminal defense lawyers understand the nuanced nature of domestic violence cases and are committed to building a robust defense strategy on your behalf.
Is Domestic Violence is a Crime punishable under criminal law in Florida?
What happens when a domestic violence case is over in Florida?
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Whether you prefer a remote video Zoom meeting or an in-person consultation at our office, our experienced Miami criminal defense attorneys at “Albert Quirantes, Esq, Criminal DUI & Ticket Lawyers” will provide personalized guidance and answer your questions for FREE.
Your future is at stake, and we are here to fight for your rights. Call us today at 305-644-1800 or fill out the contact form below to take the first step towards securing your defense.
Trust the Law Offices “Albert Quirantes, Esq, Criminal DUI & Ticket Lawyers” to be your unwavering ally in this challenging time.
What Is Domestic Violence?
In Florida, domestic violence consists of any violence against a family member, relative by marriage, a current or former cohabite, someone who lives with you or someone in a dating relationship or one that ended less than six months ago.
The violence may be in the form of a threat of violence, actual physical contact, kidnapping or stalking. In addition, the law also has options for victims of domestic violence to pursue a restraining order against someone that may have demonstrated domestic violence or the threat of violence against them. The restraining order is arranged through the family court, but a violation of a restraining order is a criminal offense.
What is domestic violence?
Florida laws on domestic violence
Florida Statutes Sections 741.28 to 741.31 and 784.046 cover domestic violence. Usually, the term ‘domestic violence’ is categorized as one or more of the following:
What is a history of domestic violence?
- Assault
- Aggravated assault
- Battery
- Aggravated battery
- Strangulation
- Kidnapping
- Aggravated kidnapping
- Stalking
- Aggravated Stalking
Categories
All aggravated offenses, e.g. aggravated assault or aggravated battery, are treated more seriously than simple offenses. This is because they involve the threat of violence (assault) or actual physical contact (battery) with a deadly weapon.
Aggravated offenses are categorized as one step higher than simple offenses. For example, domestic violence in the form of simple battery may be a first degree misdemeanor, but aggravated battery becomes a third degree felony with higher potential penalties.
Assault involves threats of violence, but no violent physical contact. This can be hard to nail down in a domestic violence situation, as often the alleged perpetrator may have regular physical contact anyway as a normal part of the ongoing or former relationship.
Domestic violence offenses often rely on the testimony of the alleged victim only. We can discredit the witness who may have reasons to have made up the charges. Often alleged victims make up charges to gain immigration status.
Prosecutors find these cases hard to prove and may have to rely on the presence of the witness or alleged victim, witness statements, photos, and medical reports if the victim has suffered physical attacks. If this evidence is lacking, “Albert Quirantes, Esq, Criminal DUI & Ticket Lawyers” can expose the weaknesses of the prosecution’s case and obtain a dismissal or an acquittal for you.
Penalties
If the person accused of domestic violence is convicted, the penalties imposed depend on the exact crime committed.
Second degree misdemeanours, like simple assault, may attract a jail sentence of up to 60 days and a fine of up to $500.
First degree misdemeanors like simple battery may attract a jail sentence of up to a year and a fine of up to $1,000.
Third degree felony charges, like aggravated assault or felony battery can lead to up to 5 years in prison and $5,000 in fines.
Second degree felony charges, like aggravated battery, could lead to prison time of up to 15 years and $5,000 in fines.
Kidnapping, as part of a domestic violence case, is even more serious and may lead to a non-bondable felony, and a conviction of a first degree felony carrying up to 30 years in prison and big fines.
In Felony cases, the Florida criminal punishment code, sentencing guidelines apply. These sentencing guidelines limit the minimum amount of prison time a judge can oppose in many cases. They often force the judge to sentence you to state prison as a minimum sentence.
We can file motions for downward departure in those cases, and provide the judge with sufficient mitigation evidence to persuade the judge to legally impose a lesser sentence than the bottom of the sentencing guidelines.
10, 20, Life Minimum Mandatory Prison Time Law
If during the crime the offender carried a firearm, Florida law requires mandatory minimum prison sentences as stated below:
* 10 years imprisonment if the defendant possessed a firearm but was not discharged.
* 20 years if a firearm was discharged during the robbery.
* 25 years imprisonment if the offender discharged a firearm and injured or killed someone.
All domestic violence cases may also lead to restraining orders being granted by a separate injunction pursued by the victim, as stated above. A violation of a restraining order may lead to a separate criminal charge and additional penalties if convicted.
Restraining Orders
Restraining orders, also known as injunctions against domestic violence, may be defeated by a robust cross examination of the victim. The cross examination may show that the alleged victim is truly not afraid of the respondent or has an ulterior motive for seeking one.
These motives may include seeking immigration status under the violence against women act, “VAWA” act, as an undocumented alien victim of domestic violence, jealousy, revenge, wanting to stay in respondent’s home without paying rent or mortgage while the process draws out, etc. Further, the testimony may not meet the legal criteria for maintaining a permanent injunction.
Although those are not legitimate reasons to maintain a civil injunction or restraining order against you, it is up to Albert Quirantes, Esq. and his team of determined domestic violence criminal defense lawyers to show the judge the reasons why it should be dismissed. Fortunately, we frequently do so.
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Does a victim have to have a visible physical injury for the defendant to be convicted of domestic violence?
Can i be prosecuted for domestic violence if the victim does not press charges?
You Need an Effective and Determined Defense if Accused of Domestic Violence.
Domestic violence is a controversial crime as it almost always involves heightened emotions and potential misrepresentation of the facts. Anyone arrested for domestic violence is entitled to be defended by an attorney. You are not expected to show up in court by yourself.
Further, no one in Florida is guilty of any criminal offense unless prosecutors prove beyond a reasonable doubt that a crime has been committed and that the accused committed that crime.
Whatever the circumstances of an alleged crime, you have the right to be represented and defended in court by a resolute and experienced Miami criminal defense attorney. Fortunately, you found one now.
Text or call “Albert Quirantes, Esq, Criminal DUI & Ticket Lawyers” at 305-644-1800, or fill out the contact form on this site for us to reach out to you.
Take advantage of our free, no obligation legal defense, strategy session, either in person at our office or remotely via Zoom conference, by contacting us now. You may call, text or fill out the short contact form and we will be in touch soon.
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ABOUT THE FIRM
If you’ve been arrested or charged with DUI, BUI, Vehicular Homicide or Reckless Driving, I understand the fear and uncertainty you may be feeling. That’s why I, Albert Quirantes, founded the law offices of “Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers”, to help you get your case dismissed or reduced, keep you out of jail or reduce your exposure, get your driver’s license back, help keep insurance rates down and protect your freedom.
With over 35 years of legal experience and more than 8,000 clients successfully defended, I have dedicated my career to defending individuals facing DUI (Driving Under the Influence of Alcohol or Drugs) & BUI (Boating Under the Influence of alcohol or drugs) cases.
I assembled a team of knowledgeable and experienced criminal defense attorneys, former prosecutors and public defenders, who have a proven track record of success in a wide range of criminal cases, including DUI, BUI, DWI, Accidents, Serious Bodily Injuries, Manslaughter, Vehicular Homicide, Reckless Driving and more.
We understand the seriousness of your situation and will work tirelessly to defend your rights and freedom.
We take pride in providing personalized attention to each client and ensuring that you fully understand the legal process and your options. That’s why we offer you a FREE defense strategy session to discuss your case and provide guidance on the best course of action. Take advantage of it now.
Our clients have praised us for our professionalism, expertise, and dedication to achieving the best possible outcome for their cases.
We are committed to keeping you informed and providing regular updates on the progress of your case.
Our flat fees are reasonable and based on the complexity of each case. We offer payment plans to fit almost every budget.
If you’re looking for a reputable law firm to represent you in a DUI or traffic case in Miami, the law offices of “Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers” is your best choice.
With our experience, knowledge, and commitment to our clients, we can provide you with the legal representation you need to achieve a positive outcome. Don’t wait, contact us today by clicking here.
I’m Very Happy With the Way I Was Treated by My Lawyer Albert Quirantes and the GREAT RESULTS!
“I really do appreciate the help in all my legal matters that I have gotten from Albert Quirantes and all of their staff, they are wonderful. You really know that they are working from the heart and that they know what they are doing. Thank you! Albert Quirantes is more than just a lawyer, he’s a friend!
Thank you 🙂”
Albert Q: “We’re here in Miami Dade Circuit Court in criminal court, where we just had a big victory!!!
Client: First another attorney took my case, and they were asking for five years! Albert Quirantes took my case and here I am a free man! ZERO!! It’s like magic. There are miracles, and I’m here with my mother. He is really an amazing person! If you have a problem in criminal court, federal or state, you should call Albert Quirantes! I highly recommend him. He is more than a lawyer, he’s a friend.”
Joaquin Pajon
Victory in Miami Dade County Circuit Criminal Court • Client Released • Attorney Quirantes
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