Understanding the Legal Process for Domestic Violence Cases in Tampa
False convictions of domestic violence are serious, and without representation from a top Tampa domestic violence defense attorney with The Rickman Law Firm, it can result in devastating consequences. If you are facing charges related to domestic violence, it is highly advisable to understand the legal process to ensure you are adequately prepared and protected.
What Constitutes Domestic Violence?
In Florida, domestic violence is defined by statute as any assault, battery, sexual assault, sexual battery, stalking, kidnapping, or false imprisonment committed by one family or household member against another. Family or household members include spouses, former spouses, individuals related by blood or marriage, and individuals who are or have been living together as a family unit.
Reporting and Investigation
When domestic violence is reported, law enforcement officers are required to investigate the allegations. In Tampa, the police will typically respond to the scene, separate the involved parties, and interview any witnesses on the spot. If there is probable cause to believe that domestic violence has occurred, the alleged abuser may be arrested.Â
If you have been arrested falsely for domestic violence, ask to speak with a Tampa defense attorney with The Rickman Law Firm as soon as possible to protect yourself early.
Criminal Charges and Court Proceedings
Domestic violence charges in Florida are classified into various degrees depending on the severity of the offense, such as misdemeanor or felony battery. The severity of the charge will influence the legal proceedings and potential penalties.
Arraignment
After an arrest, the defendant will have an arraignment where they are formally charged and enter a plea. At this stage, your Tampa domestic violence defense attorney with The Rickman Law Firm can argue for bail or conditions of release.
Pre-Trial Hearings
The court will hold pre-trial hearings to address various issues, such as bail conditions and evidence suppression. Both the prosecution and defense will present arguments, and motions may be filed to exclude certain evidence or dismiss charges.
Trial
If a case does not settle through a plea deal, it will proceed to trial. In Tampa, domestic violence trials can be bench trials (decided by a judge) or jury trials. The prosecution must prove the defendant’s guilt beyond a reasonable doubt. The defense will challenge the evidence and present counterarguments.
Sentencing
If found guilty, sentencing will follow. Florida law identifies a range of serious penalties based on the severity of the convicted crime, including fines, probation, mandatory counseling, and imprisonment.
Legal Defense Strategies
Defending against domestic violence charges can involve various strategies, such as challenging the evidence, questioning the credibility of witnesses, or demonstrating self-defense or false accusations. An experienced Tampa defense attorney with The Rickman Law Firm can provide expert legal advice and representation to build a strong defense.
If You Are Facing a Domestic Violence Charge, Seek Out Defense From a Strong Attorney with The Rickman Law Firm
Consulting with a knowledgeable defense attorney can help navigate the complex process of a domestic violence case and ensure that your rights are protected throughout.
For a complimentary case consultation, contact our office at (813) 370-1185 or fill out a consultation form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.