Criminal Defense Lawyer Thomas Grajek Discusses Two Lakeland Men Arrested For Domestic Violence
Lakeland, FL (Law Firm Newswire) February 12, 2014 – Two Lakeland residents were arrested over the holiday season, one for misdemeanor domestic violence battery and one for felony tampering with a victim and misdemeanor domestic violence battery.
“Both men face serious charges, but just because they were arrested, does not mean they are not entitled to a criminal defense. Each case, while different, revolves around the stated facts as provided by the complainants,” outlines Thomas Grajek, a Lakeland criminal defense attorney, who is not involved in either case.
In one case, a Polk County firefighter was arguing with his estranged wife, when the fight allegedly went from verbal sparring to pushing. The woman kicked her husband. And in an odd turn of events, the man sat on his wife while she was in the driver’s seat of his car. There were no injuries reported in this incident, “However, that does not mean the prosecution cannot proceed with charges, nor do they have to drop charges, should the estranged wife sign a Waiver of Prosecution. They may make the decision to proceed, based on the evidence available,” Grajek says.
The second incident, involving a Juvenile Justice probation officer, was the result of another marital argument. The man grabbed the wife’s cell phone and pushed her, then pulled the house phone line out of the wall when his wife wanted to call for assistance. There were no injuries recorded in this case either, but the facts of the situation are different and the court may view tearing the phone line out of the wall as aggravating circumstances; tampering with a victim. Both men were released, one from jail and the other on pre-trial conditions.
Both of these cases are serious offences and if either man pleads no contest or guilty to the charges, they will not be able to seal their criminal record or have it expunged. In order to preserve their reputations, each would be well advised to contact an experienced criminal defense attorney and find out what their legal options are. “There are ways to mitigate the consequences,” indicates Grajek, “ such as discussing the case with the prosecutor and demonstrating why it would be not in your best interests to prosecute. The domestic violence charges may be dropped as a result of talking to the prosecutor and explaining any mitigating circumstances. If the charges are dropped, you do not have a criminal record.”
For those facing charges of domestic violence, make an immediate call to a qualified criminal defense attorney. “You cannot handle charges like this on your own without making a serious misstep,” states Grajek.