Domestic Violence is aggressively prosecuted in the state of Florida. Many times, one Assistant State Attorney prosecutes all of the domestic violence crimes in their office. So, what is Domestic Violence?
What is Domestic Violence?
Under Florida Statute 741.28, Domestic Violence Battery is defined as the touching or striking of a family member, household member, or domestic partner against their will. In Florida, a conviction of Domestic Violence, which is a First Degree Misdemeanor, is punishable by up to one year in jail, one year of probation, and a $1,000 fine. At a minimum, the Judge must sentence someone convicted of Domestic Violence with one year of probation. A Domestic Violence conviction has collateral consequences as well. The collateral consequences include:
- Mandatory five days in jail if there is an injury
- Mandatory completion of a Batterers Intervention Program
- No eligibility for seal and expungement of the record
- Revocation of a concealed weapons permit
- No right to have a gun while on probation
Defending a Domestic Violence Case
Domestic Violence cases are often rooted in long-term, emotionally charged, relationships. It is important to be proactive in these cases so you can show the judge your intent to avoid a violent situation in the future. After your arrest for Domestic Violence, a restarting order will be issued to prevent the accuser and the defendant from speaking. It is important to stay away from the accuser and to not speak to the accuser either directly or through a friend or family member. Importantly, prosecutors do listen to hours of jail calls to make sure you do not directly or indirectly contact your accuser! Other than no contact, what can you do to be proactive? You can get into counseling, you can begin an anger management course, take steps towards living away from your accuser. Any steps that show your intention to move past this incident in a productive manner will be helpful to your case.
However, there are many instances of false accusations when it comes to Domestic Violence. This is why it is important to hire a Criminal Defense Attorney to help you come up with the best plan for your case facts. While you are doing what you can, Laura will be contacting witnesses, looking through evidence, and negotiating with the prosecutor. The goal in your Domestic Violence case will be a dismissal. When a dismissal is not possible, Laura will speak to the prosecutor and get the best deal possible for you and present it to you. At this point, you will either choose to take the plea deal, when one is presented, or we will continue to fight towards trial.
Contact us today for help with your Domestic Violence charge. You can also book an appointment online!