Ricardo Alvarez P.A.

Lakeland, FL Domestic Violence Criminal Defense Attorney

Experienced Criminal Defense Attorney in Lakeland, FL - Ricardo Alvarez offers aggressive legal services for alleged domestic violence crimes. Contact Domestic Violence Defense Attorney Ricardo Alvarez Today!


Lawyer, Ricardo Alvarez

Call 863.709.0808 about your Domestic Violence Criminal Defense legal needs in Lakeland, Polk County, and Central Florida.

Domestic Violence: According to Florida Statute 741.28, Domestic Violence is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

"Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

A domestic violence crime may be charged as a misdemeanor or felony criminal offense based on the nature of the domestic violence crime, the specific domestic crime the accused is charged with, evidence and witness statements obtained by law enforcement, and sometimes, the accused prior criminal history.

Domestic violence crimes are often aggressively prosecuted, as they are crimes against the personal safety of the victim, and potentially against those who physically come to the aid of the victim's physical safety.

Some domestic violence crimes require that the accused had intent to commit the domestic violence crime. In cases that involve serious injury or death, the severity of the injuries may provide the prosecution with intent. Other domestic crimes may require that the prosecution successfully show a pattern of behavior in order to justify the charges, such as in stalking or harassment cases. It is important to note that the prosecution is still held to the burden of proving their case against you beyond a reasonable doubt.

It is certainly not uncommon for an individual to be wrongfully accused and/or arrested for a domestic violence crime. Our law firm has seen all to often that innocent people are accused and/or arrested because of spite, a grudge, or to gain favor regarding ongoing child related legal issues. We will aggressively fight to have the domestic violence charges dropped, reduced, negotiate for a plea deal, and when necessary, fight for your rights and freedoms using every legal resource available under the law.

If you have been charged with a domestic violence crime, you need an attorney on your side who is knowledgeable of the law, experienced at trial, and able to negotiate for you from a position of strength. Call our law office 24 hours a day, 7 days a week at 863.709.0808, or by using our online case evaluation form.

We stand ready to aggressively represent you, and answer all of your questions. An aggressive defense of your case in the early stages could lead to the charges against you being dismissed or reduced.

CRIMINAL DEFENSE ATTORNEY SERVING LAKELAND, WINTER HAVEN, BARTOW, POLK COUNTY, AND CENTRAL FLORIDA

Contact Domestic Violence Criminal Defense Lawyer, Ricardo Alvarez today at 863.709.0808





Medical Marijuana Cards
By Attorney, Ricardo Alvarez

Podcast Video
with Attorney, Ricardo Alvarez



ATTORNEY, RICARDO ALVAREZ
BIOGRAPHY

Attorney, Ricardo Alvarez

Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.

Attorney, Ricardo Alvarez handles local, state and federal criminal cases.

Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.

Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.

RICARDO ALVAREZ - BIOGRAPHY › › ›



CRIMINAL LAW
AREAS OF LEGAL PRACTICE

Contact Attorney, Ricardo Alvarez

Criminal DefenseDUI DefenseDrug ChargesFelonyMisdemeanorArsonAssaultBatteryBurglaryRobberyTheftTraffic CrimesTraffic TicketDriving Under License SuspensionDomestic Violence DefenseDomestic Injunction ViolationsFraud CrimesHomicide CrimesJuvenile Offender DefenseSealing and ExpungementSex CrimesViolation of Probation DefenseWeapon - Firearm Charge DefenseWhite Collar Crime Defense


CONTACT THE LAW OFFICE OF RICARDO ALVAREZ, P.A. › › ›



ATTORNEY, RICARDO ALVAREZ
BIOGRAPHY

Attorney, Ricardo Alvarez

Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.

Attorney, Ricardo Alvarez handles local, state and federal criminal cases.

Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.

Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.

RICARDO ALVAREZ - BIOGRAPHY › › ›


What is considered domestic violence under Florida law?

In Florida, domestic violence is legally defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of a family or household member by another family or household member. Family or household members can include spouses, former spouses, individuals related by blood or marriage, individuals who currently live together as a family, or individuals who have a child in common, regardless of marital status. Additionally, domestic violence can extend to dating relationships or individuals who have resided together in the past, even if they don't fit the traditional definition of family or household members. Florida law takes domestic violence seriously, and individuals accused of domestic violence offenses may face criminal charges and protective orders designed to protect the safety and well-being of victims.


If I am charged with a Domestic Battery crime in Lakeland or Polk County Florida, what are the potential penalties for a domestic violence conviction in Florida?

If you are charged with a Domestic Battery crime in Lakeland or Polk County, Florida, and convicted of domestic violence, the potential penalties can be significant. Domestic Battery is typically classified as a first-degree misdemeanor, which can result in penalties such as up to one year in jail, probation, fines, mandatory domestic violence counseling or treatment, and community service. However, if there are aggravating factors or prior convictions for domestic violence, the offense can be elevated to a felony, which carries more severe consequences, including a prison sentence of up to five years. Additionally, domestic violence convictions can have collateral consequences, such as a restraining order or protective order, which may limit contact with the victim, affect child custody arrangements, and impact future employment or housing opportunities. Given the serious nature of domestic violence charges and their potential consequences, it is essential to consult with an experienced criminal defense attorney who specializes in domestic violence cases to build a strong defense and protect your rights.


Can an alleged victim drop charges in a domestic violence case in Florida?

In Florida, an alleged victim in a domestic violence case cannot unilaterally drop charges once they have been filed by law enforcement. Once charges are filed, the decision to pursue or drop the case is largely within the authority of the prosecutor and the state. While the alleged victim's input and cooperation may be considered, it is ultimately up to the prosecutor to decide whether to proceed with the case. This is done to protect the safety and rights of potential victims, as domestic violence cases can involve complex dynamics and the risk of coercion or intimidation. Even if the alleged victim wishes to have the charges dropped, the prosecutor may choose to move forward if there is sufficient evidence or other reasons to do so. However, the alleged victim's cooperation or willingness to testify can still play a significant role in the outcome of the case, and it's important to consult with an experienced attorney who can navigate the legal complexities of domestic violence cases in Florida.


How can I defend myself against false domestic violence allegations in Florida?

Defending yourself against false domestic violence allegations in Florida requires a strategic approach and legal representation. First, consult with an experienced domestic violence defense attorney who specializes in Florida law. Your attorney can help you gather evidence that supports your innocence, such as witness statements, communication records, or any relevant documentation that contradicts the allegations. Your legal representative can also work to uncover inconsistencies in the accuser's statements or motives that may suggest false accusations. It's crucial to avoid any contact with the alleged victim and adhere to any court orders or conditions while your case is pending. Additionally, your attorney can help you prepare a strong defense strategy, potentially involving cross-examination of the accuser, expert witnesses, or other legal arguments aimed at challenging the credibility of the allegations. Being proactive, seeking legal counsel, and building a solid defense are essential steps in protecting your rights and fighting false domestic violence allegations in Florida.


In the State of Florida, can a domestic violence conviction affect my child custody or visitation rights?

Yes, in the State of Florida, a domestic violence conviction can significantly impact your child custody or visitation rights. Family courts prioritize the safety and well-being of children, and a domestic violence conviction can raise concerns about a parent's ability to provide a safe and nurturing environment. A conviction may lead to limitations on visitation, supervised visitation, or even a complete restriction on contact with the child, especially if the court deems it in the child's best interest. However, it's important to note that each case is unique, and the court will consider factors such as the severity of the offense, any history of violence, rehabilitation efforts, and other relevant circumstances when making custody and visitation decisions. Consulting with an experienced family law attorney is crucial to understanding how a domestic violence conviction may impact your specific case and to navigate the legal process effectively.


What is a restraining order (injunction) in a domestic violence case in the State of Florida?

In the State of Florida, a restraining order, often referred to as an injunction, in a domestic violence case is a court-issued legal order designed to protect individuals from domestic violence, stalking, or harassment. There are different types of injunctions, including the Domestic Violence Injunction, Repeat Violence Injunction, Dating Violence Injunction, and Sexual Violence Injunction, depending on the specific circumstances. A domestic violence injunction typically prohibits the respondent from engaging in specific behaviors, such as contacting the petitioner, coming near their residence, workplace, or school, or possessing firearms or ammunition. These orders are meant to safeguard the safety and well-being of the petitioner and can include provisions like temporary child custody or support arrangements. Violating a restraining order can result in criminal charges and legal consequences, making it essential for individuals subject to such orders to adhere to the terms and conditions outlined by the court.


Are there diversion programs or counseling options available for domestic violence offenders in Lakeland / Polk County Florida?

Yes, in Lakeland and Polk County, Florida, there are diversion programs and counseling options available for domestic violence offenders. These programs aim to provide education, counseling, and rehabilitation to individuals charged with domestic violence offenses. One common option is a Batterer's Intervention Program (BIP), which is a court-ordered counseling program designed to address the underlying issues that contribute to domestic violence and teach healthier behaviors and communication skills. Completing such a program may be a requirement as part of a plea agreement or sentencing for some domestic violence cases. Participation in counseling or diversion programs can be a way for offenders to address their behavior, reduce the risk of recidivism, and potentially have their charges reduced or sentences mitigated. Consulting with an experienced attorney can help individuals charged with domestic violence offenses explore the available programs and determine the best course of action for their specific circumstances.


Do I need an attorney for a domestic violence case in Florida?

Yes, it is highly advisable to have an attorney for a domestic violence case in Florida. Domestic violence cases can be complex, with potentially severe legal consequences, including criminal charges, restraining orders, and significant impact on family and personal life. An experienced attorney who specializes in domestic violence cases can provide essential guidance, protect your rights, and build a strong defense tailored to your unique circumstances. They can help you navigate the legal process, advocate on your behalf, and explore potential defenses or diversion programs that may be available to you. An attorney can also represent your interests during hearings or negotiations and work to achieve the best possible outcome for your case, whether that involves having charges reduced, seeking alternative sentencing options, or preparing for trial if necessary. Given the seriousness of domestic violence allegations in Florida, having legal representation is crucial to ensure your rights are protected throughout the legal proceedings.


Is it possible to have a domestic violence charge expunged or sealed in Florida?

In Florida, it is generally challenging to have a domestic violence charge expunged or sealed. Florida law has specific criteria for expungement or sealing of criminal records, and domestic violence convictions typically do not qualify. Domestic violence convictions are considered disqualifying offenses, and the law does not permit the expungement or sealing of records related to such convictions. Additionally, domestic violence cases often involve complex family and safety considerations, which can make it even more difficult to have records expunged or sealed. However, every case is unique, and it's advisable to consult with an experienced attorney who can assess your specific situation and provide guidance on any potential options for record relief or sealing that may be available to you.


Contact Domestic Violence Criminal Defense Lawyer, Ricardo Alvarez today at 863.709.0808



Ricardo Alvarez P.A.

6700 Florida Ave S, Lakeland, FL 33813

Phone: 863.709.0808






Get Our App

HomeAttorney, Ricardo Alvarez - Biography

Criminal DefenseDUI DefenseContact Us
Copyright Image Credits

Website Design: Tiger Prey Media


DISCLAIMER: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the lawyer to send you free written information about their qualifications and experience. This website has been prepared for informational purposes only and not as legal advice. Neither the transmission, nor your receipt of information from this website creates an attorney-client relationship, which can only be formed in writing between you and the attorney you choose to represent you.

© Copyright 2008-2023. Law Firm of Ricardo Alvarez P.A. All Rights Reserved.


Law Firm of Ricardo Alvarez P.A.

Attorney, Ricardo Alvarez | 863.709.0808