Daytona Beach Domestic Violence Attorney

Charged With Domestic Violence in Florida? Call (888) 785-6548

If you or someone you know has recently been arrested and charged with domestic violence, it is extremely important to retain a competent Daytona Beach criminal defense attorney. You will fare far better by exercising your right to remain silent without your legal representation, as anything you say can and very likely will somehow be used against you by the prosecutor working on your case.

We believe that a workable solution exists in every legal situation and are committed to tirelessly analyzing every angle of the evidence and facts surrounding your legal matter. We aim to develop a defensive strategy that aligns with your best interests.

Why Choose Our Domestic Violence Lawyers & Attorneys?

• 40+ years of combined legal experience
• Tough defense from a former prosecutor
• Aggressive advocacy and compassionate counsel
• Avvo Clients’ Choice Award 2015 for Criminal Defense

At Buckmaster & Ellzey, we understand the tremendous pressure that these criminal charges can put on a person. There is a social stigma that surrounds this legal situation, and we are aware of the gravity of what is at stake.

Facing charges for domestic violence in Florida? Call (888) 785-6548 to request your case evaluation today!

Types of Domestic Violence in Florida

Florida law defines domestic violence as any criminal offense resulting in physical harm, injury, or death between family or household members. This includes spouses, former spouses, individuals related by blood or marriage, cohabitants, and parents of a shared child.

Domestic violence can include several types of violent acts such as:

• Assault and Battery – Threatening or causing physical harm to a family member.
• Aggravated Assault – Using a deadly weapon or causing serious bodily harm.
• False Imprisonment – Restricting someone’s freedom of movement unlawfully.
• Stalking and Cyberstalking – Harassment that causes emotional distress.
• Sexual Battery – Non-consensual sexual contact involving a household member.
• Child abuse, Spousal abuse and other violent crimes.

What are the Penalties for Domestic Violence in Florida?

Being charged can bring devastating consequences including loss of parental rights, restraining orders barring access to family, and legal repercussions such as:

• Jail or Prison Time – A misdemeanor domestic violence battery conviction can result in up to one year in jail. Felony offenses carry significantly longer sentences.
• Mandatory Jail Time – Florida law mandates a minimum of five days in jail for domestic battery if bodily harm occurred.
• Loss of Firearm Rights – A conviction results in a permanent ban on owning or possessing firearms.
• Probation and Community Service – Offenders may be required to complete a batterer’s intervention program and perform community service.
• Impact on Employment and Housing – A domestic violence conviction creates a permanent criminal record, which can limit job opportunities and housing options.
• Negative Impact on One's Legal Record

This final penalty can make it difficult to find and maintain employment, limit housing options, and hinder you in other opportunities, as anyone who conducts a simple background check will see all past arrests, charges, and convictions. This charge may not qualify for expungement in the future either.

We have dedicated our professional lives to providing compassionate yet effective representation in and out of the courtroom. We will provide you with the guidance, legal advice, and relentless defense that you need and deserve through all phases of your case. We will zealously fight for the best possible result to help preserve your future freedom, livelihood, legal record, and reputation.

What Steps Should I Take If Accused of Domestic Violence?

If accused of domestic violence, it's crucial to remain calm and seek immediate legal counsel to ensure your rights are protected throughout the legal process. It's advisable to refrain from contacting the accuser and to avoid discussing the situation with anyone other than your attorney, as statements made can be used against you. 

Collect and preserve any evidence that may support your defense, such as emails, text messages, or voice recordings. Document any injuries or property damage through photographs and keep a detailed account of all interactions and incidents related to the accusation. Consulting with a knowledgeable domestic violence lawyer in Daytona Beach, such as those at Buckmaster & Ellzey, can help you navigate the complexities of the legal system and develop a strategic defense.

What are Common Defenses for Domestic Violence in Daytona Beach?

When facing domestic violence charges in Daytona Beach, several defenses may be available depending on the circumstances. Each case is unique, and a tailored defense strategy is crucial to protecting one's rights and future.

One common defense in domestic violence cases is self-defense. If the accused individual acted to protect themselves from imminent harm or danger, this may serve as a valid legal defense. For this defense to succeed, evidence must show that the actions taken were reasonable and proportional to the perceived threat.

Another potential defense is that of false accusations. In some instances, allegations of domestic violence are made out of anger, jealousy, or to gain an advantage in divorce or custody proceedings. If evidence suggests that the claims are fabricated or exaggerated, it could lead to a dismissal or reduction of charges.

Lack of evidence is another avenue for defense. The burden of proof rests with the prosecution, and if they are unable to present sufficient or credible evidence to prove the allegations beyond a reasonable doubt, the case may be dismissed.

Lastly, the incident in question may not meet the legal definition of domestic violence. For example, if the altercation did not involve a family or household member, the charges may not be applicable under Florida law.

Each defense requires careful consideration of the facts, and legal representation is essential to developing a strong defense. An experienced domestic violence attorney in Daytona Beach can evaluate the situation and determine the best course of action. It's also important to gather corroborating evidence, such as witness testimonies, digital evidence, or medical records, which can further substantiate your defense strategy. A thorough investigation and meticulous preparation can be critical to achieving a favorable outcome.

Understanding the complexities of domestic violence charges and defenses requires a deep knowledge of Florida law and experience in the courtroom. Our approach involves comprehensive case analysis and crafting a defense that aligns with your specific circumstances and objectives.

If you are facing domestic violence charges, contact a Daytona Beach domestic violence attorney at our firm now, to confidentially discuss your case. Give us a call today.