Domestic violence offenses can carry lifelong consequences. All convictions – both misdemeanor and felony – automatically result in a permanent lifetime ban on gun ownership. And even if an arrest does not result in a conviction or the case is sealed by the court, the defendant is legally obligated to report the incident in certain employment situations. Because of this, it is critical that any Floridian arrested for or charged with a domestic violence offense seek legal advice from an experienced Miami criminal defense attorney. The attorney of Stroleny Law, P.A. fights hard to protect the constitutional rights of all criminal defendants.
The Brady Act
After White House Press Secretary James Brady was paralyzed in the assassination attempt made on President Reagan, Congress passed the Brady Handgun Violence Prevention Act in 1993. The “Brady Bill” has many stringent provisions. Among the most unforgiving is the permanent ban on gun ownership for any person convicted of any domestic violence offense (misdemeanor or felony). There is no process for restoring this right after the sentence is served – the defendant simply permanently loses his or her right to own a gun upon conviction. This is why it is so important for those charged with domestic violence to defend themselves from improper convictions or prosecutorial misconduct.
According to the State Attorney General, a person may deny or fail to acknowledge an arrest or expunged record except when applying for a job with a criminal justice agency, when applying for admission to the State Bar, or seeking employment from specified employers. These employers include:
- The Department of Children and Family Services
- The Agency for Health Care Administration
- The Agency for Persons with Disabilities
- The Department of Juvenile Justice
- In a sensitive position having direct contact with children, the developmentally disabled, the aged or the elderly
- Seeking licensure or employment with the Department of Education, any district school board, a university laboratory school, charter school, any private or parochial school or any local governmental entity that licenses child care facilities
- Seeking authorization from a Florida seaport for employment within or access to one or more seaports.
As you can see, even an expunged record could prohibit a person from gaining professional licensure and/or employment in a wide range of fields. It is important that the initial charges and subsequent petition for expungement be handled by an experienced Florida criminal defense attorney who can fully protect the defendant’s legal rights.
Experienced Miami Criminal Defense for All Types of Domestic Violence Charges
A single domestic violence conviction – even for a misdemeanor offense – carries lifelong penalties for the defendant. This is why it is critical that all defendants charged with domestic violence offenses have the advice of an experienced Miami domestic violence defense attorney. Statements made to police, city prosecutors, or other law enforcement agents can be used to permanently deprive a defendant of gun rights, professional licensure, and other important legal rights. The experienced criminal defense attorney of Stroleny Law, P.A. fights hard to protect the constitutional rights of those charged with domestic violence offenses. Call (305) 615-1285 today to schedule a consultation with an experienced Miami criminal defense attorney.
Stroleny Law, P.A. handles a variety of criminal law cases, so call now if you have any questions.