Crestview Domestic Violence Attorney
The days of the police responding to a domestic dispute and helping to defuse the situation are over. These days, if the police are called to someone’s home to respond to any complaint of domestic violence, someone is going to be arrested and taken to jail.
This type of zero-tolerance policy is rooted in good intentions. However, in a number of cases, there is no physical evidence of injury or violence. Often, the reason someone called the police in the first place was to “calm” someone down. Doesn’t matter. If someone reports a domestic violence, the police WILL make an arrest. Unfortunately, since the police already know they are going to be arresting someone by the time they arrive, this can lead to sloppy and incomplete investigations. Sometimes, they don’t even bother to listen to both sides of the story or collect physical evidence before making their arrest.
How serious is a Domestic Violence charge?
In most situations, domestic violence is a first degree misdemeanor, punishable by up to one year in jail, one year probation, and a $1000.00 fine. If you are convicted, you will also be required to complete a 26 week course called Batterers Intervention. You will also lose your right to possess or own a firearm for the rest of your life.
If you are in the military, this is a career killer. If you lose your right to possess a weapon, you obviously can’t serve in the military. If you are convicted of Domestic Violence, you WILL be separated from the military.
A Domestic Violence conviction is not eligible for a record expungement or record seal so it is imperative that creative resolutions and effective trial strategies are discussed to keep this charge off of your permanent criminal record.
How can an attorney help me with a Domestic Violence charge in Crestview?
First, it is important to understand that just because you have been arrested, that does NOT mean you will be convicted. There is a much lower standard of proof required to arrest someone (probable cause) than there is to convict someone in a court of law (beyond a reasonable doubt).
Second, we will be proactive from the very beginning by immediately contacting the alleged victim and finding out whether they intend to pursue charges against you. The best way to resolve a Domestic Violence charge in Crestview with a favorable outcome is to convince the Prosecutor to drop the charge. You may have heard that once the State “picks up” the charge, it doesn’t matter what the alleged victim wants. And technically, this is true. The State does have the option to proceed with prosecution with or without the cooperation of the victim.
However, in reality, the State needs a witness in most cases that is willing to come to court and testify that the crime took place and to identify the perpetrator. In cases where the alleged victim is cooperative, our strategy is to set the case for trial.
Third, we will also seek to have the no contact order lifted as soon as possible. We will start this process the day we are hired by contacting the alleged victim and determining if they will agree to lift the no contact order. If they agree, we will file a motion immediately seeking to have it lifted. If not, we will schedule a hearing in court to litigate the issue.
Fourth, we will explore possible resolutions for the case that protect you from a conviction on your record, as well as keep you out of jail. When we meet to talk about your case, we’ll go over this in much more detail to see what options are available given the facts of your case.
We won’t judge you—we will do whatever it takes.
No matter what you are accused of, we will not judge you or look down on you. You are innocent until proven guilty and to us, that is not just a slogan.
We believe that every client, no matter what they are accused of, is worth fighting for. We also believe that every case can be won with the right team and the right strategy.
Call your Crestview Domestic Violence Attorney
For over 16 years, Flaherty Defense Firm has been defending clients accused of domestic violence in Crestview. With your freedom on the line, you need a team with the proven track record of success that we offer.
Please do not take this charge lightly. Do not just take the plea deal offered by the State to “get it over with.” The consequences are lifelong. Once the case is over, it is too late. Right now, you still have time to give yourself the best chance possible of a favorable outcome.
If you are ready to put a professional Domestic Violence attorney to work for you, call us today at (850) 398-8098 for a free consultation.