What Are The Penalties For Domestic Violence In Florida?

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December 11, 2023

In Florida, being arrested or charged with domestic violence could mean facing jail time if you are found guilty. Florida law provides for the possibility of jail sentences for those who commit first-degree misdemeanor domestic battery and more severe felony domestic violence charges. Along with jail time, you could also be subject to probation, additional fines, and more if found guilty of a Florida domestic violence charge.

If you are facing domestic violence allegations, you should not have to defend your criminal court case alone. A Florida domestic violence lawyer from Stroleny Law: Criminal Defense Attorney can help you navigate the legal system. A knowledgeable domestic violence defense lawyer may be able to achieve a favorable conclusion for your domestic violence case and help you avoid a conviction.

What Is Domestic Violence In Florida?

Florida Statutes Section 741.28 defines domestic violence in Florida. According to the legislation, domestic violence is an act that causes physical damage or death to a household or family member of the accused party by one of the following acts:

Battery
Assault
Aggravated Battery
Aggravated Assault
Sexual Assault
Stalking
Sexual Battery
Kidnapping
Aggravated Stalking
False Imprisonment

In Florida, a household or family member can include:

Former spouses
Spouses
Persons related by marriage or blood
Persons who have resided together (as if a family) in the past
Persons currently residing together (as if family)
Parents with a child in common regardless of marriage status

Types Of Domestic Violence Charges

Florida has many types of domestic violence charges, but domestic violence battery is one of the most common charges. Other charges can include:

Aggravated Battery- This second-degree felony charge involves hitting someone with a deadly weapon or causing great bodily harm.
Aggravated Assault- This third-degree felony charge involves the intentional threat to someone with the use of a deadly weapon, particularly when committing another felony such as a drug crime.
Domestic Battery by Strangulation- This third-degree felony charge involves the intentional removal of air supply to a household or family member by covering their nose and mouth or strangling them.

Depending on the situation, other charges may apply. It is crucial that anyone charged with Florida domestic violence battery or another domestic violence-related charge seeks legal counsel from a criminal defense lawyer immediately to discuss their legal options and rights.

Domestic Violence Florida Penalties

First Offense Penalties If Convicted Of Domestic Violence In Florida

Criminal County Courts in Florida handle cases that involve misdemeanor criminal charges. A criminal charge, punishable by one year or less of prison time, is considered a misdemeanor. In Florida, if you are convicted of Domestic Violence Battery, the penalties include:

A maximum of one year in prison.
A maximum of one year of probation.
A maximum of a $1,000 fine

The penalties you could face will be decided by the judge presiding over the criminal case in a Florida criminal County Court and could increase with a second or third offense. The judge could also approve a request for imposing a domestic violence injunction, commonly known as a restraining order. If ordered, this injunction will restrict how and when you can have contact with the other party.

Fortunately, first-time offenders are usually handled with greater leniency, depending on the circumstances of the case, which can result in a more favorable conclusion.

Additional Statutory Penalties

If convicted of a first-degree misdemeanor, you could face additional statutory penalties. A statutory penalty is one as defined by the law and determined by the specific crime you are accused of. The statutory penalties in Florida for the conviction of a first-degree misdemeanor could include:

Prison time or probation.
Engagement in a Batterers Intervention Program for 6 months.
Mandated community service hours.
Forfeiture of the right to own a gun while on probation.
Forfeiture of the right to get a concealed weapons permit.

In Florida, the challenges can be significant when facing a Domestic Violence Battery charge. It is crucial you take your charges seriously from the very beginning by speaking with a criminal defense attorney right away.

Expunging or Sealing Domestic Charges

Under Florida law, as defined in Section 741.28 of the domestic violence statutes in Florida, anyone who has committed an act of Domestic Violence Battery, or other domestic-related violent crime, is ineligible to have their record expunged or sealed, regardless of adjudication being withheld.

What this means is if you plead guilty to any domestic violence charge, the result will be having a lifetime criminal record for the offense. Since there are no exceptions to this rule in Florida, it is crucial that you not face the legal system alone and instead have a dedicated criminal offense attorney working on your side.

Domestic Battery Defenses

Domestic Violence Battery charges in Florida are among the most defendable of all charges in criminal law. Before making the decision to plea, an attorney should thoroughly review your case and discuss all of your legal options with you. Some of the more common Domestic Violence Battery defenses include:

The absence of injuries
Factual disputes regarding the underlying incident
Available evidence not corroborating battery allegations
Self-defense
Defense of others
A vindictive victim
Defense of property
Mutual combat or consensual confrontation
Stand Your Ground

Understanding Your Legal Rights

Facing allegations of domestic violence can be overwhelming, but knowing your legal rights is vital to effectively respond to the situation. As an accused individual, you hold several protections under Florida law.

First, you have the right to remain silent during any police questioning. Exercising this right protects you from making statements that might be used against you in court. Second, you have the right to legal representation. Hiring an experienced attorney ensures you receive proper guidance and advocacy throughout the legal process.

Additionally, you have the right to a fair trial. This includes the opportunity to present evidence, call witnesses, and challenge the testimony of the alleged victim. Your defense attorney will help you gather the necessary evidence to support your case.

If a domestic violence injunction has been issued against you, you still have rights. You have the right to contest the injunction in court, where you can present your side of the story. The judge will evaluate the evidence before making a decision.

Lastly, you are entitled to due process. This means you should receive proper notification of any hearings and have the opportunity to prepare your defense. Understanding and asserting your rights throughout the legal process is important to protect your future.

How Domestic Violence Injunctions Work

Facing allegations of domestic violence can lead to serious legal consequences, especially when a domestic violence injunction is involved. If an alleged victim seeks an injunction against you, it restricts your ability to contact or approach them. Understanding how these injunctions work is vital for protecting your rights.

When the alleged victim files a petition, the court reviews their claims and schedules a hearing. During this hearing, you have the opportunity to present your side of the story. It’s crucial to gather evidence and witnesses that support your defense. If the court grants the injunction, it may prohibit you from contacting the alleged victim, visiting certain locations, or even interacting with family or household members.

The duration of a domestic violence injunction can vary, but it often lasts until a full court hearing occurs or until a judge modifies or dismisses it. Violating an injunction can lead to immediate legal repercussions, including arrest and criminal charges, which can have lasting effects on your life and reputation.

In many cases, judges may require participation in a batterer’s intervention program as part of the injunction. Completing such programs can demonstrate your commitment to addressing any underlying issues and may be beneficial in subsequent court proceedings. If you find yourself facing a domestic violence injunction, seeking legal counsel is essential. A knowledgeable attorney will help you understand your legal rights, represent you in court, and work toward a favorable outcome in your case.

The Impact of Domestic Violence Convictions on Future Rights and Opportunities

A domestic violence conviction can have far-reaching consequences that extend beyond the immediate penalties imposed by the court. These consequences can impact your future rights, opportunities, and even your ability to migrate to other countries.

First, a conviction results in the loss of certain rights, particularly the right to possess firearms. This restriction limits your ability to participate in activities like hunting or shooting sports. Employment opportunities may also dwindle, as many employers conduct background checks. A conviction may disqualify you from positions that require trust, especially in law enforcement or education.

The impact of a domestic violence conviction extends to your immigration status as well. If you are not a U.S. citizen, a conviction for a domestic violence charge may affect your ability to obtain or maintain legal residency. Immigration authorities may view such convictions as grounds for deportation, complicating your situation significantly.

Moreover, social implications arise from a domestic violence conviction. Friends, family, and the community may perceive you differently, leading to strained relationships and social isolation. Finding suitable housing may become challenging, as many landlords perform background checks that reveal criminal histories.

Key impacts of a domestic violence conviction:

Loss of firearm rights
Employment challenges
Immigration complications
Housing difficulties
Social stigma

The consequences of a domestic violence conviction can vary depending on the specific circumstances of your case. However, it is important to be aware of the potential long-term effects and take steps to mitigate them. If you are facing domestic violence charges, it is crucial to seek legal representation. An experienced attorney can help you understand your rights and build a strong defense.

The Court Process for Domestic Violence Charges

Initial law enforcement response

Law enforcement officers respond to a reported incident and file a written police report. If they find probable cause for domestic violence, they may arrest the alleged offender. Following the arrest, the accused may experience a brief detention before a hearing.

Initial appearance before the judge

The next step involves the initial appearance before a judge. During this hearing, the judge informs you of the charges, your rights, and the potential consequences. You may also request a public defender or hire an attorney. At this stage, the judge will decide on pretrial release conditions, which may include restrictions on contacting the alleged victim.

Pretrial conference

After the initial appearance, the court schedules a pretrial conference. This session allows both parties to discuss evidence, witness lists, and possible plea agreements. Your attorney plays a crucial role in negotiating with the state attorney’s office. They may help achieve a favorable outcome, such as reduced charges or alternative programs.

Trial proceedings

If a resolution does not occur, the case proceeds to trial. During the trial, the state attorney must prove the charges beyond a reasonable doubt. Your legal representation will present a defense and challenge the prosecution’s evidence.

Once the trial concludes, the jury or judge delivers a verdict. A conviction results in potential penalties, while an acquittal ends the proceedings.

The Role of Expert Witnesses in Domestic Violence Cases

Expert witnesses play an important role in domestic violence cases, providing specialized knowledge that influences the outcome. They may include psychologists, social workers, or medical professionals who offer insights into the dynamics of domestic violence, including psychological abuse, physical injury, and trauma.

When facing allegations, expert witnesses clarify complex issues for the court. Their testimonies help explain the emotional and psychological aspects of the case, detailing how the situation affects the alleged victim and the accused. This context can impact jury perceptions and decisions.

Additionally, expert witnesses assess the credibility of claims, offering evaluations that support your defense. Their contributions provide clarity to the allegations, helping to establish a comprehensive view of the events.

Incorporating expert testimony into your case strengthens your defense, highlighting the importance of professional support in handling the complexities of domestic violence laws in Florida.

Why You Need a Defense Attorney for Domestic Violence Charges

Even without a prior criminal record, a domestic violence arrest puts you in the criminal justice system. Even if the alleged victim decides to drop the charges or recant their story, your case will not be automatically dismissed, and the prosecutor can move forward with the case. Securing a tough defense attorney from the start will ensure your case is handled appropriately and you have assistance handling the severity and complexity of Florida law.

Finding The Right Florida Domestic Violence Attorney

Selecting the right Florida domestic violence attorney is a pivotal step in safeguarding your rights and achieving the best possible outcome in your case. Focus on these important qualities:

Experience: We prioritize attorneys with extensive experience in domestic violence cases. Their familiarity with legal processes enhances your defense.

Specialization: Choose a lawyer who specializes in domestic violence law. Specialized knowledge allows for more effective strategies tailored to your situation.

Strong Communication: An effective attorney maintains clear and prompt communication. You deserve updates and explanations throughout the legal process.

Empathy: Seek a lawyer who shows compassion. Understanding the emotional impact of domestic violence allegations helps foster a supportive attorney-client relationship.

Track Record: Investigate their history of success in handling similar cases. A proven record indicates their ability to advocate effectively for clients.

At Stroleny Law, we exemplify these qualities, making us a strong choice for your representation. With extensive experience in domestic violence cases, our team understands the complexities involved. We prioritize open communication, ensuring you stay informed at every stage.

Choosing Stroleny Law means working with dedicated professionals focused on your needs. Our compassionate approach acknowledges the seriousness of your situation, allowing us to advocate effectively on your behalf.

Florida Domestic Violence Attorney

A Florida Domestic Violence Battery charge can have devastating consequences. Given the litigation strategies and numerous defenses that can help you avoid a conviction, no one should attempt to handle and resolve their charges without a consultation with a lawyer.

If you have been accused of Florida domestic battery, contact Stroleny Law: Criminal Defense Attorney, using our online form to schedule a free consultation to discuss your domestic battery charge.