Facing domestic violence charges is nerve-wracking, especially when your immigration status is at stake. In Florida, which has a high population of immigrants, a conviction for domestic violence can lead to severe consequences, including the possibility of deportation. The implications of such charges extend beyond criminal penalties and can affect your ability to remain in the country, making it essential to understand your rights and options.
With over 30 years of experience, Criminal Defense Attorney Brian Gabriel will handle your case using all the knowledge and skill developed over the span of his career. Mr. Gabriel knows how to gather critical evidence, negotiate with prosecutors, and protect your interests every step of the way. His extensive background in criminal defense allows him to craft a strategy tailored to your unique situation, working diligently to mitigate the charges and their potential impact on your immigration status.
Understanding Domestic Violence Charges in Florida
Domestic violence encompasses a range of offenses that occur between individuals in a domestic setting, such as spouses, partners, family members, or cohabitants. In Florida, common domestic violence charges include assault, battery, stalking, and false imprisonment.
A conviction for any of these offenses can lead to severe penalizations, including jail time, fines, and mandatory counseling or intervention programs.
Immigration Consequences of a Domestic Violence Conviction
For non-citizens, the consequences of a domestic violence conviction extend far beyond criminal penalties. Under U.S. immigration law, certain criminal convictions can trigger deportation proceedings. Domestic violence offenses are among the crimes that can make an immigrant removable from the United States. Additionally, a conviction can impact your ability to obtain or renew visas, green cards, or other immigration benefits.
The Immigration and Nationality Act (INA) outlines specific grounds for deportation based on criminal activity. Domestic violence charges can fall under several categories that make an immigrant deportable, including:
- Crimes of moral turpitude: Offenses considered morally wrong or deceitful, which may include certain domestic violence charges.
- Aggravated felonies: Serious crimes carrying severe immigration consequences, including deportation and permanent inadmissibility.
- Crimes of violence: Offenses involving physical force or the threat of physical force against a person or property.
A conviction for any of these crimes can result in removal proceedings, leaving you at risk of being deported and separated from your family and community.
Potential Defenses for Domestic Violence Charges
Several defenses can be employed to challenge domestic violence charges, depending on the specifics of your case. Some common defenses include the following:
- Self-defense: Arguing you acted in self-defense to protect yourself from harm.
- False accusations: Demonstrating the allegations against you are false or fabricated.
- Lack of evidence: Challenging the prosecution’s evidence as insufficient to prove guilt beyond a reasonable doubt.
- Accidental harm: Showing that any harm caused was unintentional and not the result of criminal behavior.
Criminal Defense Attorney Brian Gabriel will assess the details of your case to determine the most effective defense strategy. He can also collaborate with immigration attorneys to explore options for minimizing the impacts of a conviction, such as seeking post-conviction relief or negotiating plea agreements that do not trigger deportation.
Protect Your Immigration Status with Criminal Defense Attorney Brian Gabriel
Facing domestic violence charges requires a strong legal defense, especially when your immigration status is at risk. Criminal Defense Attorney Brian Gabriel will meticulously review your case, gather evidence, and develop a defense strategy aimed at reducing or dismissing the charges against you.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.