Domestic Violence Charges in Florida: Florida Law, Punishments, and Choosing the Right Attorney
Domestic violence charges in Florida are serious criminal offenses. As per Florida Statute 741.28, domestic violence includes any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death of one family or household member by another.
Relevant Statute: Florida Statute 741.28
In Florida, the term "family or household member" is clearly defined. According to the statute, this term includes spouses, former spouses, persons related by blood or marriage, individuals who are currently residing together as a family, or who have done so in the past, and parents who share a child in common. For the domestic violence laws to apply, the persons involved must currently live together in the same residence or have done so in the past, with the exception of parents who have a child in common.
Penalties for Domestic Violence Charges in Florida
The penalties for a domestic violence conviction in Florida can be severe. If found guilty, penalties may range from probation, payment of fines, participation in a 26-week Batterer’s Intervention Program (BIP), to a more serious punishment like imprisonment.
Under Florida law, a minimum mandatory jail sentence of five days is imposed if the defendant is adjudicated guilty of a crime of domestic violence and the action caused bodily harm. In more severe cases where the crime qualifies as a felony, such as aggravated assault, the accused could face a state prison sentence.
Moreover, the conviction of a domestic violence offense leads to a lifetime prohibition on the possession of firearms or ammunition under Florida law.
Consequences of a Domestic Violence Conviction
A conviction for domestic violence in Florida carries severe penalties and long-term consequences that can significantly impact your life.
Legal Penalties: Convictions can result in a range of penalties, depending on the severity of the crime and whether the accused has previous convictions. These can include mandatory completion of a 26-week Batterer’s Intervention Program (BIP), community service, probation, hefty fines, and even imprisonment.
Restraining Orders: A domestic violence conviction often results in a restraining order, also known as a protection order, being issued against the accused. This order can limit your movements and bar you from contacting the alleged victim, sometimes even resulting in the loss of custody or visitation rights of children.
Record: A domestic violence conviction will show up on your criminal record, which can be accessed in background checks. This can make it challenging to secure employment, housing, or education opportunities.
Firearms: Federal law prohibits convicted domestic violence offenders from owning, possessing, or purchasing firearms and ammunition.
Immigration Consequences: If you're not a U.S. citizen, a domestic violence conviction could lead to deportation, denial of naturalization, or refusal of re-entry into the country.
Loss of Child Custody and/or Visitation Rights: In Florida, someone convicted of Domestic Violence could lose parental visitation rights and other essential familial legal rights.
Given the high stakes, it's crucial to have skilled legal representation if you're facing domestic violence charges. An experienced attorney can challenge the prosecution's evidence, present a strong defense on your behalf, and work tirelessly to help you avoid these severe consequences.
Arrest and Criminal Trial Process in Florida
Once an arrest for domestic violence has been made, the defendant will be taken into custody and transported to jail. Florida law mandates a "No Contact" order which prohibits the defendant from contacting the alleged victim.
After the arrest, the defendant will be brought before a judge for the "First Appearance". This usually happens within 24 hours of the arrest. The judge will then decide whether to set a bail amount or to release the defendant on their own recognizance.
Following this, the State Attorney's Office will review the case to determine whether to file formal charges. The accused will then be arraigned where they'll be formally charged and asked to enter a plea.
If a plea deal isn't reached, the case will proceed to trial. The prosecution must prove "beyond a reasonable doubt" that the accused is guilty of the charges. If the defendant is found guilty, sentencing will then occur, which could range from probation and counseling to imprisonment, depending on the severity of the offense.
Dealing with a domestic violence charge can be complicated and overwhelming, but a skilled attorney can guide you through the process, protect your rights, and work to achieve the best possible outcome. If you find yourself in such a situation, it's vital to get legal assistance as soon as possible.
Importance of Legal Representation
The importance of securing legal representation in a domestic violence case cannot be overstated. Without a competent attorney, defendants may unknowingly waive their rights, overlook viable defenses, or fail to challenge
Attorneys who have experience in domestic violence cases are familiar with the intricacies of such cases and have a deep understanding of the laws and possible defenses. They can help ensure that the client's side of the story is accurately and effectively presented to the court, and that their rights are zealously protected throughout the process.
Choosing the Right Domestic Violence Attorney
When facing a domestic violence charge, choosing the right attorney is crucial to ensure the best possible defense.
A skilled Florida domestic violence attorney will understand the laws and court processes relevant to these charges and be able to guide you through every step of the legal proceedings. They should have a proven track record in handling domestic violence cases, with demonstrable experience in negotiating pleas and conducting trials.
Look for an attorney who can provide you with a comprehensive understanding of your rights and the potential defenses available to you, who can negotiate with prosecutors, and can effectively represent you in court if your case goes to trial.
Key Factors to Consider when Selecting a Defense Attorney
When choosing a defense attorney for a domestic violence case in Florida, there are several key factors you should consider:
Experience: This is one of the most critical factors. The attorney should have significant experience in handling domestic violence cases in Florida and should be familiar with the state's domestic violence laws and court processes.
Track Record: Look at the attorney's track record in handling similar cases. How many domestic violence cases have they handled? What were the outcomes of these cases? A strong track record could indicate a high level of competence.
Communication Skills: A good attorney should be a great communicator, not just in court, but with you as well. They should be able to explain your charges, the possible consequences, and the strategies they will use to defend you in a way that you can understand.
Client Reviews: It is also important to consider reviews from past clients. Were they satisfied with the representation they received? Did they feel that their attorney was diligent, thorough, and effective? These reviews can provide insight into the attorney's professionalism and reliability.
Availability: Lastly, you need an attorney who will be available to you. They should be able to take the time to answer your questions, to keep you updated on your case, and to make your case a priority.
Understanding the Florida Criminal Trial Process in Detail
Understanding the Florida criminal trial process can help alleviate some of the anxiety that comes with facing a domestic violence charge.
Arraignment: This is the initial court appearance where the accused is formally charged. The accused will be read their charges and asked to enter a plea. If a plea of "not guilty" is entered, the case will proceed.
Discovery: After arraignment and before trial, the discovery process occurs. This is when both sides collect and exchange information related to the case. Your attorney can depose witnesses, gather evidence, and further scrutinize the details of the case during this phase.
Pre-Trial Motions: Your attorney may file pre-trial motions to have certain evidence excluded from the trial or to have the case dismissed if they believe the evidence against you is insufficient.
Trial: If a plea deal isn't reached or the case isn't dismissed, the case will go to trial. During the trial, both sides will present their evidence and arguments, and the jury will decide the verdict based on the standard of "beyond a reasonable doubt".
Sentencing: If the accused is found guilty, the judge will determine the appropriate sentence based on Florida's sentencing guidelines. Sentences for domestic violence can range from mandatory batterer’s intervention programs, probation, fines, to jail or prison time.
Anyone facing a domestic violence charge in Florida should take the matter seriously due to the potential for severe consequences. An experienced Florida domestic violence attorney can navigate the complex legal system, protect your rights, and work tirelessly to secure the best possible outcome for your case.
Facing a domestic violence charge can be a daunting and distressing experience. It's crucial to arm yourself with legal expertise and a robust defense strategy. Musca Law, P.A., is here to stand by your side and help you navigate these challenging times.
With over 30 convenient law office locations spread throughout Florida, we ensure that no matter where you are, exceptional legal support is just a call away. Our team of experienced attorneys is well-versed in Florida's domestic violence laws and can provide the comprehensive legal guidance you need.
Don't let a domestic violence charge define your future. Contact Musca Law, P.A. today at our 24/7 toll-free number 1-888-484-5057. Whether you're in Miami, Jacksonville, Orlando, or any other Florida location, our team is ready and willing to go the extra mile to provide the legal representation you deserve. Together, we'll fight for your rights and work diligently to secure the best possible outcome. Your fight is our fight.