Destin Domestic Violence Attorney
Nothing can make an argument with your loved one or family member worse than the cops showing up. They tend to storm in with preconceived notions that someone must go to jail. Even with no visible physical injuries, law enforcement officers will make an arrest anytime they are called for a domestic dispute.
If you are a Destin resident, or were on vacation and this has happened to you, you are likely embarrassed and terrified about what is going to happen next.
My name is Tim Flaherty. I’ve been a criminal defense attorney in Destin and throughout Okaloosa and Walton County since 2001. I am standing by, ready to help, so give me a call at (850) 460-7470.
Domestic Violence under Florida Law
Florida Statute 741.28(2) defines Domestic Violence as:
“Domestic Violence means any assault, aggravated assault, battery,… or any criminal offense resulting in physical injury or death of one family or household member by another family or household member…”
To better understand what constitutes a battery, Florida Statute 784.03(1)(a)(1) defines Battery as:
“The offense of battery occurs when a person actually and intentionally touches or strikes another person against the will of the other.”
To summarize, this means that you could do something as simple and harmless as grabbing someone’s arm to get their attention and end up with a Domestic Violence charge.
Most Domestic Violence cases in Destin are a first degree misdemeanor punishable by up to a year in jail. There are special circumstances that will move the charge up from a misdemeanor to a felony, such as:
- Domestic Violence by Strangulation; and
- Aggravated Battery on a Pregnant Woman
Important Things to Remember after Being Arrested for a Destin Domestic Violence Charge
If you have been arrested for a misdemeanor or felony domestic violence offense, it is very important that you find a committed attorney to fight for your rights and defend you in court. Domestic Violence cases are not taken lightly by the State. Schedule an appointment with an experienced defense attorney right away. It could make a big difference in the outcome of your case.
- If there is a No Contact Order in place between you and the alleged victim, do not violate this. If you do, you will land back in jail until the end of your case. Contact me at (850) 460-7470 to discuss how to get the No Contact Order lifted so you can return home.
- There is hope. With a professional Domestic Violence attorney by your side, your case could be dismissed. I will do everything in my power to ensure that happens.
What are the benefits of hiring a Destin Domestic Violence Attorney?
- I will call the alleged victim and get their side of the story. If they want to cooperate with getting the charges dropped, I will explain to them how to do that in a way that gets the prosecutor’s attention.
- I will show the prosecutor who you are as a person, not just a case number.
- I will meet with the prosecutor and give them the opportunity to do the right thing and dismiss the case or at least offer you a diversion program that can result in charges being dropped.
- I will develop an effective defense strategy to use at trial if the prosecutor won’t do the right thing and dismiss the case.
I have had a lot of success defending Domestic Violence cases with this approach over the years. My #1 goal will be to help you move on with your life, without a Domestic Violence conviction on your record.
What are some possible results for a Destin Domestic Violence case?
The good news is that even though you have been arrested for Domestic Violence, it does not have to stay on your record forever. My goal is to get your case dismissed. Whether that happens through an outright dismissal or a diversion program, I will work to have your Destin Domestic Violence charge thrown out.
If I am able to get your case dismissed, and you are otherwise eligible, we can proceed with a record expungement that will erase this completely off your record so you can put this nightmare behind you for good.
If you have been arrested for Domestic Violence in Destin and you are ready to see what I can do for you, call me at (850) 460-7470 for a free consultation.