We fight a variety of domestic violence charges including battery, aggravated battery, assault, or aggravated assault. The content and interpretation of the law addressed are subject to revision. Find information on how to fight injunctions for protection against domestic violence at the return hearing scheduled in front of the judge. If youve been accused, DO NOT try to work things out on your own. Domestic violence is not a separate offense, but rather a sentence enhancer if an individual is found guilty. Having drug paraphernalia like pipes, bongs, or grinders is also a first-degree misdemeanor under Florida Statute 893.145. These relationships are often current or former spouses, family members, or current or former dating or sexual partners. In those circumstances, the individual could face a third-degree felony conviction. Dont contact your accuser in any way or ask a friend to contact them. Until then, we can help you decide the best course of action to stay in strict compliance with any court order. During 2020-21, Floridas domestic violence centers provided 412,000 nights of emergency shelter to over 10,000 survivors of domestic violence (including children). Community service allows the offender to give back to the community they disrupted, while counseling will help emphasize the seriousness of their actions on a personal level. Until you understand the requirements, have NO contact with the alleged victim for any reason until a plan for limited contact is approved by the court. It will significantly help your case to have character witnesses testify on your behalf. Ultimately, Matt was able to negotiate a pretrial diversion program where all charges will be dismissed once my son has completed a 6 month program. Shortly after being released, the suspect reportedly picked up two more charges and again got to avoid jail time. A second prostitution offense is a first-degree misdemeanor and may bring up to a year in jail, fines up to $1,000, or both. If a person faces felony battery charges, he or she faces a third-degree felony that carries potential jail time of 5 years and a fine of up to $5,000. Fill out the form below for yourfree case evaluation. As stated above, there are a few limited exceptions that allow a person to own a gun after a domestic violence conviction. Blog Other times, the two individuals live together, and one may be financially dependent on the other person or feel pressure to drop the charges. Fax 561-392-6322. Although there is no minimum mandatory sentence for domestic violence charges in Florida, if you want to enter a plea for a first offense without consulting with an attorney, the prosecutor might offer you a plea deal that requires you to be on probation for 12 months to complete a 26-week batterers intervention counseling program. In most of these cases, if the court finds probable cause that a battery domestic violence misdemeanor was committed, then the court will impose that standard bond amount. Hope Villages of America This Pinellas County agency provides safe sheltering and counseling services to victims of domestic violence. Furthermore, domestic violence laws cover more than just married couples. Even if you are convicted on a first-time domestic violence charge, the This is available 24 hours a day, seven days a week. Former NFL player Zac Stacy was sentenced to six months in jail Monday on a domestic violence charge. The website also lists information about how to make a safety plan and local support groups in the Tampa Bay area. Therefore, a person facing domestic violence charges in Florida needs the assistance of a fierce advocate who will continue to fight until justice is done. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals. He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor charges. Individuals charged with domestic violence cases also underestimate the potential collateral consequences that these charges bring. These are increased to 15 days, 20 days, or 30 days respectively, if a child under sixteen years old witnesses the incident. His performance in court was outstanding and gave me a big victory. Up to $5,000.00 in fines. Mathew is really eloquent and smart. Call (850) 681-7777 or send an online message today to discuss your rights during an open and free consultation with a domestic violence attorney in our legal team. Thats why its important to immediately talk to a defense lawyer if youre facing charges or fear you will be accused. A court may order the driver to use an ignition interlock device (IID) for at least one year. Sometimes, even if the victim wants the charges dropped, the State will proceed with the case. Prosecutors can issue charges for felony domestic violence based on the seriousness of the offense or when the alleged offender has a previous domestic violence charge in which adjudication was withheld by the court or the offender was convicted. That letter to the criminal defense attorney can then be disclosed to the prosecutor and becomes powerful evidence that might compel the prosecutor to drop the charges before trial. We called after our son was arrested for a crime he committed nearly 9 months earlier. If youre dealing with first-time domestic violence charges in the state of Washington, you might be wondering what the criminal process looks like. We found ourselves against all odds. The victims emotions clouded their understanding of what happened. WebIf you were arrested for domestic violence battery, and the charges are reduced or dropped, Florida law allows a one-time option to have your criminal record sealed or expunged. If you are experiencing domestic violence, call the National Domestic Violence Hotline at 1-800-799-7233, or go to thehotline.org. Call us to schedule a time to talk with the attorneys in the office or over the phone. Luring or enticing a child, as described in chapter 787; 4. The information you obtain at this website is not, nor is it intended to be, legal advice. WebThe bond ordered in a domestic violence case will depend on the circumstances of the charges and the defendants criminal history. Posted in Criminal Defense, Domestic Violence |. Florida law recognizes other felony domestic violence offenses as well. Mr. Shafran is ready to fight aggressively to protect your rights. - Privacy Policy - Lawyer Website Design by: INTERNET LAVA, domestic violence pre-trial intervention program (DVPTI), first domestic violence charge in Pasco County, 1st Domestic Violence Battery Offense in Hillsborough County, Domestic Violence Options in the City of Tampa, domestic violence injunction for protection, Violation of Domestic Violence Injunction. If you are a defendant in a domestic violence case in Florida, do not pressure the alleged victim. Factual disputes about the underlying incident; 2. WebDomestic violence in Florida is defined as assault or battery, aggravated assault or battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death, committed by a family or household member against another family or household member. Notwithstanding, holiday weekends or other circumstances might mean that the accused will remain in jail without bond for as many as 72 hours or longer. The court ordered him to serve 12 months probation and pay the following court costs: $273 mandatory court costs, $201 domestic violence Trust Fund and $151 Rape The purpose is to arrest that primary aggressor and file charges against him or her, and not arrest the individual defending, even if their actions could sustain a charge. If convicted, even for a minor offense, a jail sentence far past this minimum is a very substantial possibility. Skip to Article star gets jail time in domestic-violence incident for 4 yards in the Rams What I will say is that if I was in so much abdominal pain, had heart issues and was going to be strapped down, my rights taken away, held hostage for 10 days, I and no one I know could have maintained a even a small sense of sanity. You will have a chance to make phone calls while you are held in jail without bond. In general, these crimes are usually considered felony offenses: If you are being accused of any of these offenses, its important to seek legal help now. Physical injury or death of one family or household member by another family or household member. Additionally, many people charged with domestic violence crimes believe that if the victim wants to recant or drop the case, then the prosecution cannot go forward. The primary purpose of statutes of limitation is to make sure convictions occur only upon evidence that has not deteriorated with time. Civil lawsuits are a bit different from criminal cases. Due to the seriousness of domestic violence, a first offense can lead to severe criminal penalties. If youre facing a first-time offense for domestic violence in Florida, you should contact an attorney as soon as possible. Even your first offense for domestic violence can severely impact your life. But under no circumstances should you talk with the alleged victim about dropping charges or their testimony. The consequences of domestic violence charges are serious. However, you may also face civil penalties from the store or the merchant. Dont ever speak with the alleged victim about dropping the domestic violence charge because the authorities might construe that conversation to be witness tampering which is a serious felony offense. The form was developed by the State Attorneys Office to explain that domestic violence tends to increase in frequency and severity over time. If convicted of a misdemeanor, you may face jail time, large fines, community service, counseling, or rehabilitation. The ultimate decision whether to drop the charge or pursue it is up to the prosecutor. To resolve these cases, the prosecutor will typically offer a plea bargain deal that requires no jail time but comes with a lifetime of consequences. Fax: (727) 821-7101. Zac Stacy pleaded guilty to two counts of criminal mischief in Florida. You may be required to spend time in a county jail or a state correctional facility. Instead, contact a Florida criminal defense lawyer. Domestic violence is a serious charge that carries a social stigma that few other offenses do. Even if you are convicted on a first-time domestic violence charge, the consequences could follow you for the rest of your life. Common penalties for domestic violence include incarceration, fines, probation, community service, and compulsory counseling. Being absolved in one case does not provide you with immunity in the other and having a lawyer to represent you throughout both is crucial. Your own was sentenced to six months in jail without bond in chapter 787 ; 4 one year violence in. To have character witnesses testify on your own be wondering what the criminal process looks.. Other offenses do household member shortly after being released, the individual could a! 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