Defending Against Domestic Violence & Assault Charges in Miami

Florida law takes domestic violence and assault cases seriously, with mandatory arrests and strict sentencing guidelines. This article explores common defense strategies, the importance of forensic evidence, and how Francisco Marty protects clients facing false allegations or unfair charges in Miami courts.

Understanding Domestic Violence & Assault Laws in Florida

Under Florida law, domestic violence is defined as any assault, battery, stalking, or other violent acts committed against a family or household member. A domestic violence conviction can result in jail time, loss of firearm rights, mandatory counseling, and long-term damage to a person’s reputation.

Types of Charges That Fall Under Domestic Violence in Florida:

• Domestic battery – Unwanted physical contact, such as hitting, slapping, or pushing.
• Aggravated assault – Threatening violence with a deadly weapon.
• False imprisonment – Unlawfully restraining a person against their will.
• Stalking or cyberstalking – Repeated harassment, including online threats.
• Violation of a protective order – Ignoring a restraining order issued by the court.

Common Defense Strategies for Domestic Violence Cases

Domestic violence allegations often come down to he-said, she-said disputes, making it critical to have a strong legal defense. Francisco Marty uses a variety of strategies to protect his clients, including:

Challenging False Allegations

• Some domestic violence accusations are motivated by personal disputes, divorce battles, or child custody conflicts.
• A defense attorney can expose inconsistencies in the accuser’s statements.
• Text messages, emails, and phone records can be used to prove false claims.

Self-Defense or Defense of Others

• If a person acted in self-defense or was protecting a child, the charges may not hold up in court.
• Surveillance footage or witness testimony can support a self-defense claim.
• Injuries on the accused can prove they were not the aggressor.

Lack of Evidence

• Domestic violence cases often rely on police reports and victim statements, but if there are no injuries or third-party witnesses, the prosecution may lack strong evidence.
• A defense attorney can highlight weak or contradictory evidence to raise doubt.

Violations of Constitutional Rights

• If police failed to read Miranda rights or conducted an illegal arrest, evidence may be suppressed.
• Unlawful searches or forced confessions can be challenged in court.

The Impact of a Domestic Violence Conviction

A domestic violence conviction can have severe legal and personal consequences, including:

• Jail time & probation – Sentences vary based on severity and prior offenses.
• Loss of firearm rights – Convictions often result in a permanent gun ban.
• Restraining orders – Court orders may prevent contact with the accuser, even if it affects child custody.
• Employment & housing difficulties – Many employers and landlords deny applicants with domestic violence convictions.

How Francisco Marty Protects Clients Facing Assault & Domestic Violence Charges

As an experienced criminal defense attorney in Miami, Francisco Marty provides aggressive legal representation for individuals accused of domestic violence and assault. His approach includes:

• Conducting thorough investigations to uncover false claims or inconsistencies.
• Gathering forensic evidence (such as medical records, witness statements, and digital communications) to build a strong defense.
• Negotiating with prosecutors to reduce or dismiss charges when possible.
• Defending clients in court with a strategic, evidence-based approach.

What to Do If You Are Arrested for Domestic Violence in Miami

If you are facing domestic violence or assault charges, take these steps to protect your rights:

1. Remain silent – Do not answer police questions without a lawyer present.
2. Avoid contact with the accuser – Violating a protective order can worsen the situation.
3. Gather evidence – Save texts, emails, and other proof of your side of the story.
4. Hire a skilled defense attorney – A lawyer can fight for your freedom and future.

Final Thoughts: Defend Your Rights with an Experienced Miami Attorney

Domestic violence and assault cases carry serious legal and social consequences. If you are facing charges, it is essential to have a strong defense strategy.

Francisco Marty is committed to protecting the rights of the accused and ensuring fair trials in domestic violence cases. If you or a loved one needs legal defense, contact Francisco Marty today for a confidential case review and expert legal guidance.