An Attorney You Can Count On

Legal leaders and peers chose Ron Baum as one of “South Florida’s Top Rated Lawyers” 4 years in a row. They view him as an unbending ethical attorney. When it comes to defending his clients he never backs down and he mounts a legal defense to counter even the most aggressive prosecutors.

Domestic Violence

Domestic violence situations can unfold in a matter of minutes, but the impact on the lives of those involved can be lasting. Domestic violence is characterized as much by the relationship between those involved as it is the actions alleged to have occurred. It is defined by F.S. 741.28 as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense that ends in physical injury or death of either a family member or household member of the alleged offender. In order for a person to be classified a “family or household member,” those involved must be in one of the following relationships: Covered relationships include:

• Husband and wife;
• Former husband and wife;
• People related by blood, including parent and child, grandparent and grandchild or brother and sister;
• People residing together as a family; including stepparent and stepchild;
• People who have resided together as a family in the past; and
• People with whom the defendant has a child.

With the exception of those who have a child together, family or household members have to be either currently living together or have resided together in the past. Although Florida does not yet recognize marriage equality, people in same-sex relationship may face charges and be convicted of domestic violence. In addition, Florida law covers dating violence. Dating violence in defined in Florida Statutes Annotated § 784.046(1)(d) as an act of criminal violence occurring between two people who have shared a significant romantic relationship within the previous six months. There are several different charges listed in the law. However, it ultimately covers any criminal charge that results in physical injury or death. Charges that could result in domestic violence charges, both listed and unlisted in the statute, include:

• Assault
• Aggravated Assault
• Battery
• Battery by Strangulation
• Aggravated Battery
• Stalking
• Aggravated Stalking
• Kidnapping
• False Imprisonment

Claims of domestic violence are taken very seriously in Florida. The offense is often prosecuted to the fullest extent of the law. Penalties and long-term consequences often far exceed what one would receive for a conventional assault or battery charge. You should contact a Domestic Violence Lawyer Immediately.  Some of the most common domestic violence charges include:

• Assault ( F.S. 784.011 ), second-degree misdemeanor
• Aggravated Assault ( F.S. 784.021 ), third-degree felony
• Battery ( F.S. 784.03 ), first-degree misdemeanor
• Aggravated Battery ( F.S. 784.045 ), second-degree felony
• Felony Battery ( F.S. 784.041 ), third-degree felony
• Domestic Battery by Strangulation (F.S. 784.041(2)(a)), third-degree felony
• Stalking ( F.S. 784.048 ), first-degree misdemeanor
• Aggravated Stalking ( F.S. 784.048(3) ), third-degree felony

Apart from facing possible jail time, probation and fines, offenders can expect to face more enhanced punishments under F.S. 741. These may include (but aren’t necessarily limited to):

• Mandatory 26-week batterer’s intervention program
• Mandatory 5 days jail time (in cases with bodily injury in which defendant was adjudicated guilty)
• Mandatory 12 months’ probation
• Community service
• Loss of gun ownership rights
• A permanent criminal record that can never be sealed or expunged (in the event of a plea)
• Subjection to an injunction, also known as a “no contact order” or “restraining order”

The chances of a charge being dropped, amended or diverted increases greatly the sooner a defense lawyer is on board. Even if the victim has recanted the story or does not wish to pursue charges, the ultimate decision rests with the state. If you have been accused of any type of violence against a family member or person you have dated  in Broward County, it is important to act fast. Ron L. Baum, a dedicated Fort Lauderdale domestic violence lawyer can represent you both in protective order hearings and in any criminal proceedings that follow. Call us now at (954) 849-0149 to schedule a free consultation.

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