Domestic Violence Arrest in Miami

Written by:Julian Stroleny

Domestic violence arrests in Miami can jeopardize careers, upend personal lives, and leave a permanent mark on one’s reputation. Miami-Dade County alone sees thousands of domestic violence-related cases each year, fueled in part by strict state laws designed to crack down on offenders and protect victims.

For individuals facing such allegations, time is of the essence. Seeking professional legal representation can mean the difference between moving forward with your life and facing penalties that will stay with you for the rest of your life.

Our team of Miami Domestic violence attorneys at Stroleny Law, P.A., led by a former Miami-Dade prosecutor, offers the advocacy you need to fight back against these charges. 

Call (305) 615-1285 today for your free consultation and immediate legal assistance.

Request a Free Case Evaluation

What Is Domestic Violence?

Domestic violence, as defined under Florida Statute 741.28, includes any criminal offense that results in physical injury or death caused by one family or household member against another.

This legal definition extends far beyond physical abuse and encompasses a wide range of behaviors that harm or intimidate others in a domestic setting.

Examples of Domestic Violence Offenses

The law identifies several acts that qualify as domestic violence, including:

• Physical assault or battery, such as hitting, punching, or pushing.
• Sexual assault or battery, involving any unwanted sexual contact.
• Stalking or cyberstalking, characterized by repeated and unwanted attention that instills fear.
• Kidnapping or false imprisonment, involving the unlawful confinement or movement of a person.
• Harassment, including threatening communication through verbal, written, or electronic means.

Relevant Laws and Statutes

Florida takes a strong stance on domestic violence, backed by a series of laws designed to address and prevent abusive behaviors:

• Florida Statute 741.29 mandates that law enforcement arrest a suspect when probable cause exists in domestic violence incidents.
• Florida Statute 741.30 provides for injunctions (protective orders) to prevent further contact or abuse.
• Florida Statute 775.0844 increases penalties for repeat offenders or those who commit certain aggravated forms of domestic violence.

Who Might Face Domestic Violence Charges?

Contrary to common perception, domestic violence charges are not limited to situations involving married couples.

Potential perpetrators could include:

• Current or former spouses.
• Blood relatives, such as siblings or parents.
• Unrelated individuals who share a residence.
• Co-parents of a child, even if they have never been married or lived together.

How Prosecution Establishes Guilt

To secure a conviction, prosecutors must demonstrate several key elements:

• Actus Reus: The defendant committed the alleged act, such as causing harm or making credible threats.
• Mens Rea: The defendant acted with intent or reckless disregard for the victim’s well-being.
• Causation: The defendant’s actions directly resulted in the victim’s injuries or distress.

Evidence includes police reports, witness statements, medical documentation, and, increasingly, digital evidence like text messages or video recordings.

Building a Defense

For the accused, a robust defense focuses on casting doubt on the prosecution’s evidence and narrative. Whether disputing the act itself, the intent behind it, or the causation of harm, creating reasonable doubt is the key for a successful outcome.

Proven Experience and Results

With years of experience as a Miami-Dade prosecutor, Julian Stroleny has handled thousands of criminal cases, ranging from misdemeanors to serious felonies.

His deep understanding of how the prosecution builds cases gives him a distinct advantage in crafting defense strategies.

Stroleny Law has achieved dismissals in cases involving charges such as second-degree murder, sexual battery, and aggravated assault.

Clients benefit from this insider knowledge, coupled with an aggressive approach to defending their rights. Whether disputing evidence, negotiating reduced charges, or taking a case to trial, the firm’s track record speaks for itself.

Personalized Service in a Convenient Location

Mr. Stroleny handles every case at Stroleny Law, ensuring each client receives dedicated and tailored representation. From the initial consultation to the resolution of your case, you’ll never feel like just another file number.

The firm’s office, located at 66 W Flagler St, Suite 1005, Miami, FL 33130, is just a short walk from the Miami-Dade County Courthouse.

Recognition That Sets Them Apart

Stroleny Law’s reputation has been recognized with several prestigious awards, including:

• Avvo’s Client’s Choice Award (three consecutive years).
• Super Lawyers Rising Star (2019-2024).
• Martindale-Hubbell AV Preeminent Rating.

Penalties for Domestic Violence Arrests in Miami

Florida law imposes mandatory penalties for a domestic violence conviction in Miami, with the severity depending on the nature of the offense and whether the accused has prior convictions.

Even first-time offenders face significant challenges, as domestic violence charges carry both criminal and civil repercussions.

Criminal Penalties Under Florida Law

• First Offense:
  • Minimum jail sentence of 10 days if the incident involved bodily injury.
  • Fines determined by the court.
  • Completion of a 26-week Batterers’ Intervention Program (BIP).
• Second Offense:
  • Jail sentence of at least 15 days, escalating based on the circumstances.
  • Additional penalties include probation and mandatory counseling.
• Third or Subsequent Offense:
  • Felony charges for repeat offenders.
  • Jail time of at least 20 days, with potential sentences extending to several years.
  • Enhanced penalties under Florida Statute 775.084, targeting habitual offenders.

Additional Legal Consequences

In addition to jail time and fines, a conviction may lead to:

• Restraining Orders: Court-issued injunctions limiting contact with the alleged victim.
• Loss of Firearm Rights: Federal law prohibits individuals convicted of domestic violence from owning or possessing firearms.
• Permanent Criminal Record: Convictions for domestic violence cannot be sealed or expunged in Florida, affecting employment and housing opportunities.

Civil Implications

• Family law cases, such as divorce or child custody disputes, often leverage domestic violence allegations.
• A conviction may result in losing custody or visitation rights under Florida Statute 61.13, which prioritizes the child’s best interests.

The Weight of a Conviction

Florida courts treat domestic violence cases with unwavering seriousness. Prosecutors often pursue these charges aggressively, aiming to secure harsh penalties to deter future offenses. This shows why you need experienced legal representation to protect your rights and minimize the impact on your life.

Domestic Violence Statistics in Miami

A Closer Look at the Numbers

• Reported Cases: Miami-Dade County had 9,357 reported cases of domestic violence in one recent year, the highest in Florida.
• Immigrant Women: In another recent year, immigrant women accounted for 49.8% of all reported domestic violence incidents in Miami-Dade County, nearly three times the national average.
• Alcohol and Drug Influence: Between 40% to 70% of domestic violence incidents involve alcohol or drug use by either the abuser, the victim, or both.
• Children’s Exposure: Annually, 1 in 15 children are exposed to intimate partner violence, with 90% being eyewitnesses.
• Underreporting: Only about 1 in 7 domestic violence survivors report the incident to authorities

Hotspots for Domestic Violence Cases in Miami

Certain neighborhoods see disproportionately high rates of domestic violence arrests, including:

• Little Havana: Often cited for a high volume of domestic disputes resulting in law enforcement intervention.
• Liberty City: Where socio-economic challenges contribute to increased reports of domestic violence.
• Downtown Miami: An area where law enforcement frequently handles disputes among cohabitants or couples.

How Stroleny Law, P.A. Can Help

Given the aggressive prosecution of domestic violence cases in Miami, those accused need an advocate who understands the stakes and fights relentlessly to protect their rights.

Why You Need Legal Representation

Miami-Dade County enforces domestic violence laws with fervor, aiming to deter future incidents. This leads to swift arrests based on limited evidence, leaving defendants to wade through complex legal waters with their reputation, freedom, and future on the line.

Prosecutors are under pressure to secure convictions, so you need a legal defense prepared to counter these efforts.

Defense Strategies Tailored to Your Case

Challenging the Prosecution’s Evidence

Prosecutors often rely on specific forms of evidence in domestic violence cases, including 911 recordings, text messages, and photographs.

Our firm challenges this evidence by:

• Questioning Admissibility: Did police collect the evidence legally and according to procedure? If not, the court may exclude it from trial under Florida Statute 901.151 (Florida’s Stop and Frisk Law).
• Contextualizing Communications: Texts and emails can appear incriminating out of context. We analyze these to present a fuller, more accurate picture.
• Testing Witness Reliability: Witnesses can have personal motivations or flawed recollections. Cross-examining their statements often reveals inconsistencies that weaken the prosecution’s case.

Affirmative Defenses

These defenses assert that while the act may have occurred, you could legally justify it under the circumstances.

Examples include:

• Self-Defense: Demonstrating that you acted to protect yourself from immediate harm. This often requires presenting evidence of the threat you faced.
• Defense of Others: If your actions were intended to shield a child or another family member from danger, this defense might apply.
• Mutual Combat: Showing that both parties willingly engaged in the altercation, rather than a one-sided attack.

Disputing Intent (Mens Rea)

One of the prosecution’s main hurdles in securing a conviction is proving intent. By disputing the idea that your actions were deliberate or malicious, we can weaken their case significantly.

This might involve:

• Demonstrating that the incident was accidental, such as an unintentional shove during a heated argument.
• Highlighting a misunderstanding or misinterpretation of your actions.

Addressing False Allegations

False accusations are not uncommon in domestic violence cases, often arising during contentious divorces, child custody battles, or relationship disputes.

To expose false allegations, we:

• Investigate the accuser’s motives, such as financial gain or retaliation.
• Cross-reference their statements with evidence to uncover discrepancies.
• Present evidence of your character, including testimony from others, to challenge the credibility of the claims.

Negotiating Reduced Charges or Alternative Sentencing

When dismissal isn’t an option, we focus on limiting the impact of the charges. 

This could mean:

• Plea Agreements: Negotiating with the prosecution to reduce a felony to a misdemeanor, which carries lighter penalties and less stigma.
• Diversion Programs: For eligible clients, programs like anger management or counseling can serve as alternatives to incarceration.

Florida courts recognize the value of rehabilitation over punishment, particularly for first-time offenders, and we leverage this to your advantage.

Leveraging Battered Spouse Syndrome

For clients who have endured long-term abuse, Battered Spouse Syndrome provides a recognized legal defense in Florida courts. This defense helps establish the psychological impact of repeated abuse, offering context for actions taken in self-defense or out of fear.

We work with qualified mental health professionals to present compelling evidence of this syndrome when applicable.

Invoking Florida’s ‘Stand Your Ground’ Law

Under Florida’s ‘Stand Your Ground’ Law (Florida Statute 776.013), individuals have the right to use force in self-defense without a duty to retreat, provided they reasonably believe it is necessary to prevent harm.

If this law applies to your case, we argue that your actions were legally justified and seek to have charges dismissed early in the legal process.

What to Do After a Domestic Violence Arrest

1. Remain Silent: Avoid discussing your case with anyone except your attorney. Anything you say to law enforcement, family members, or even on social media could be used against you.
2. Preserve Evidence: Collect and document anything that supports your side of the story, such as photos of injuries (or lack thereof), text messages, or witness contact information.
3. Follow Release Conditions: If you are released on bond or with conditions, such as avoiding contact with the alleged victim, adhere strictly to those terms. Violating them will lead to additional charges.
4. Avoid Social Media: Refrain from posting anything about the incident. Even seemingly harmless posts can be misinterpreted and used to build a case against you.

How to Help Your Attorney Build a Defense

• Provide Full Disclosure: Be honest and detailed with your attorney about the events leading to your arrest. Even small details will influence defense strategies.
• Organize Evidence: Share relevant documents, communications, or anything else that might be useful for your defense.
• Be Proactive: Respond promptly to requests from your legal team and attend all scheduled court dates and meetings.

Let Stroleny Law, P.A. Fight for Your Future

Facing a domestic violence charge in Miami is a serious matter, but it doesn’t have to define your future. With the right legal team by your side, you can challenge the allegations, protect your rights, and pursue a favorable resolution.

Contact our criminal defense lawyer today at (305) 615-1285 for a free consultation, and let’s start building your defense.

Request a Free Case Evaluation