The definition for domestic violence battery in Florida is ‘the touching or striking of a family member, household member or domestic partner against their will’.
This subject is highly politically charged throughout the State and prosecution is often aggressive and handled by specialist prosecutors. If you find yourself on the receiving end of these charges, it is important that you defend yourself with the help of a Miami domestic violence defense lawyer.
It is particularly important to use a Miami criminal attorney in this case in fact, as any plea could subject the defendant to jail time, a permanent criminal record, deportation for immigrants, mandatory counseling and ineligibility for sealing or expungement in some cases.
Understand the Penalties
Those prosecuted for misdemeanor Domestic Violence Battery will face up to one year of jail or probation and $1,000 in fines.
As well as the statutory penalties for first degree misdemeanors, conviction can also result in collateral consequences, including:
- Minimum mandatory 5 days in jail where injury is caused
- Mandatory completion of a 29 week batterer’s intervention program
- Forfeiture of right to have a gun while on probation
- Revocation of concealed weapons permits
- Ineligibility for sealing or expungement from criminal record
With such harsh penalties, it is crucial that defendants seek the help of a domestic violence attorney, especially if they believe that they have been wrongly accused.
There are a number of defenses against domestic violence charges, though it is important to recognize that this is a complex and sensitive subject matter and there can be deeper issues at play such as substance abuse, child custody disputes, mental health issues and more.
The best outcome for the defendant is one that dismisses the case but also one that helps to alleviate any difficult situations in the home.
That said, there are several defenses that exist for domestic battery charges in Florida. These include:
- Factual disputes regarding the incident – especially where it has been reported by a third party such as a neighbor
- Absence of injuries
- Vindictive victims
- Defense of others
- Defense of property
- Consensual/mutual combat
Understanding each of these and knowing how to use them in your case is important in order to mount the best defense and this is where a domestic violence attorney comes in.
To learn more, call our domestic violence defense firm at 305-615-1285 for a free, no-obligation chat.
Stroleny Law, P.A handles a variety of criminal law cases, so call now if you have any questions.