You have a lot to worry about as you face domestic battery charges in Florida. Possible jail time, fines, and other consequences are on your list of worries, but you may not have considered what a domestic battery conviction could mean for your Second Amendment rights.
At the Law Offices of Robert David Malove, our South Florida domestic violence defense attorneys understand the serious implications domestic violence charges have on firearm ownership. Many clients are shocked to discover that even a misdemeanor domestic violence conviction can permanently bar them from possessing firearms.
Don't risk losing your constitutional rights. Learn about domestic violence gun rights before it’s too late.
When Does a Domestic Violence Conviction Lead to Permanent Gun Right Restrictions?
A domestic violence conviction that triggers federal firearm prohibitions must involve the use or attempted use of physical force or the threatened use of a deadly weapon.
The offense must also have been committed by a current or former spouse, parent, or guardian of the victim or by someone with whom the victim shares a child.
In Florida, qualifying domestic relationships include spouses, ex-spouses, people related by blood or marriage, people currently or formerly living together as a family, and parents who share a child regardless of marriage.
Importantly, the charge must result in a conviction. If your case is dismissed, you're found not guilty, or the prosecution declines to pursue charges, your gun rights typically remain intact. However, court orders issued during proceedings may temporarily restrict your rights until the case concludes.
Deferred adjudication or pretrial diversion programs can sometimes help avoid a firearms prohibition, depending on how they're structured and the legal wording of the adjudication.
How Domestic Violence Convictions Affect Firearm Rights
Both federal and Florida laws restrict gun ownership for individuals convicted of domestic violence offenses.
Under the federal Gun Control Act, specifically the Lautenberg Amendment, anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited from purchasing or possessing firearms and ammunition.
Florida law mirrors these federal restrictions while adding additional provisions. Beyond the initial prohibition on ownership, you could face serious criminal charges if found in possession of firearms after a domestic violence conviction. Possessing a firearm after being prohibited due to a domestic violence conviction is a third-degree felony in Florida, punishable by up to five years in prison.
The impact extends beyond recreational gun use. For professionals whose careers depend on carrying firearms, such as law enforcement officers, security personnel, or military members, a domestic violence conviction can mean the end of their career.
Defending Against Domestic Battery Charges to Protect Gun Rights
When facing domestic battery charges in South Florida, a strategic defense is crucial to protecting both your freedom and your Second Amendment rights. Here are some ways our experienced Florida domestic violence defense lawyers help our clients:
Investigation
A thorough investigation may reveal evidence that undermines the prosecution's case. Our defense team examines inconsistencies in witness statements, analyzes physical evidence that may contradict false allegations, and identifies potential self-defense situations that might justify your actions.
Challenging Evidence
When challenging evidence, we scrutinize how law enforcement handled the investigation. Were proper procedures followed? Was evidence collected legally? Were your constitutional rights respected during questioning? Procedural violations can sometimes lead to evidence being suppressed or cases dismissed.
Advocating for Pretrial Diversion Programs
Pretrial diversion programs may be available for first-time offenders with no prior criminal history. Completing these programs can result in charges being dismissed, thereby preserving your gun rights. We negotiate aggressively to secure these opportunities when appropriate.
Plea Bargaining
In some situations, negotiating for reduced charges that don't involve domestic violence elements may be possible. A plea to a non-domestic violence offense, while still serious, wouldn't trigger the automatic domestic violence gun rights prohibition.
If you're facing domestic battery charges in South Florida, don't wait to seek legal representation. Contacting a criminal defense attorney immediately after being charged – or even during an investigation – can dramatically improve your chances of protecting your gun rights.
