Why You Need a Florida Drug Crime Defense Attorney When Facing Domestic Violence Allegations

When someone calls the police during a dispute between spouses, partners, or family members, things can spiral quickly. Even if no one was seriously hurt, or if tempers had already cooled down, you can still find yourself arrested, booked, and facing serious consequences. In Florida, domestic violence is not something the court system takes lightly.

Once law enforcement is involved, it's no longer just a family matter. The prosecutor—not the alleged victim—decides whether to move forward with charges. That means even if the accuser wants to drop it, you can still be prosecuted. I’ve defended many people in this exact situation, and I’ve seen how a misunderstanding or exaggerated accusation can lead to life-changing charges.

My job is to protect you. If you’re facing these allegations, we need to act fast. There are defenses available. And with the right legal strategy, we can often reduce the charges, negotiate a favorable resolution, or get the case thrown out altogether.

What Is Considered Domestic Violence in Florida?

Florida law defines domestic violence broadly. It includes many offenses, not just physical violence.

Florida Statute § 741.28(2) defines domestic violence as:

"Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member."

Under this law, a “family or household member” includes:

  • Spouses or former spouses

  • People related by blood or marriage

  • People who are currently living together as a family

  • People who previously lived together as a family

  • People who share a child in common (regardless of whether they were ever married or lived together)

So, if a heated argument occurs between you and your spouse, ex, parent, or even the parent of your child, and police get involved, you could be charged under Florida’s domestic violence laws.

How Domestic Violence Cases Are Handled in Florida

Florida treats these cases differently from other battery or assault charges. Once a domestic violence charge is filed, you are likely to face immediate consequences—even before your case goes to court.

  • No Contact Orders: Judges often impose a no-contact order that prohibits you from contacting the alleged victim, even if you share a home or have children together.

  • Mandatory Arrest: If police see any signs of injury or hear conflicting stories, they often arrest someone on the spot.

  • No Bond Until First Appearance: You can’t immediately bond out after arrest. You must wait to appear before a judge, which can take 24 to 48 hours.

  • Firearm Restrictions: If convicted, you lose the right to own or possess firearms under both federal and Florida law.

  • Mandatory Batterer’s Intervention Program (BIP): This 26-week program is required if you’re convicted or placed on probation.

  • Permanent Record: A domestic violence conviction cannot be sealed or expunged, even if adjudication is withheld.

These penalties can affect your freedom, your job, your parental rights, and your reputation. That’s why having a private defense lawyer from the start is so important. We know how to contest weak evidence, expose inconsistencies, and argue for the charges to be dropped or reduced.

Real Case Example: Dismissal After False Allegation

A client came to me after being arrested for domestic battery against his girlfriend. She claimed he pushed her during an argument. When police arrived, they saw red marks on her arm and immediately arrested him. But my client swore he didn’t touch her.

We began our investigation and uncovered text messages showing she had threatened to "get even" with him earlier that day. She also had a history of making similar claims against a previous partner. Our team subpoenaed her phone records and showed inconsistencies in her story.

We presented our findings to the prosecutor before charges were formally filed. The State dropped the case entirely.

That case never made it to trial because we acted quickly, gathered evidence, and proved that the accusation couldn’t stand up in court. Without a private attorney working aggressively behind the scenes, that client could have ended up with a permanent domestic violence record.

Relevant Florida Statutes and Sentencing

Here are a few key laws that apply to domestic violence charges in Florida:

Florida Statute § 784.03 – Battery:

"The offense of battery occurs when a person actually and intentionally touches or strikes another person against the will of the other, or intentionally causes bodily harm to another person."

  • Simple battery is a first-degree misdemeanor, punishable by up to one year in jail.

  • A second battery conviction is a third-degree felony, punishable by up to five years in prison.

Florida Statute § 741.283 – Minimum Term for Domestic Battery:

"If a person is adjudicated guilty of a crime of domestic violence, and the person intentionally caused bodily harm to another person, the court shall order the person to serve a minimum of 10 days in the county jail for a first offense, 15 days for a second offense, and 20 days for a third or subsequent offense."

Florida Statute § 741.281 – Mandatory Batterers’ Intervention Program:

"If a person is found guilty of, has adjudication withheld for, or pleads nolo contendere to a crime of domestic violence, that person shall be ordered by the court to attend and complete a batterers’ intervention program."

These statutes show how strict Florida is when it comes to domestic violence charges—even for first-time offenders.

Defenses We May Use in a Florida Domestic Violence Case

As a private defense attorney, I tailor each case based on the facts, the evidence, and your specific situation. Here are some common defenses we explore:

Self-Defense or Defense of Others: If you were protecting yourself or someone else from harm, you may have a legal justification.

False Allegation or Motive to Lie: In contentious relationships or custody battles, people sometimes make false accusations to gain the upper hand.

Lack of Intent: If the contact was accidental or minimal, it may not rise to the level of battery.

Mutual Combat: If both parties were physically aggressive, we may argue that you were not the primary aggressor.

No Injury, No Witnesses, No Evidence: The State must prove the case beyond a reasonable doubt. If they lack strong evidence, we can ask for a dismissal.

Violation of Miranda Rights or Improper Police Procedure: If your rights were violated, we may be able to suppress damaging statements or evidence.

These cases are often highly emotional, and the facts can get distorted. That’s why a detailed, thorough defense is essential.

Why You Need a Private Florida Domestic Violence Defense Attorney

You might wonder why I’m using the term “Florida drug crime defense attorney” in a domestic violence case. Here’s the reason—when law enforcement gets involved in a domestic call, they often look for other offenses too. If they find any prescription pills, marijuana, paraphernalia, or other substances, they’ll stack drug charges onto your case. Even if the original call was about a personal argument, your case can suddenly involve serious drug allegations.

Our team handles both domestic violence and drug charges. That combination matters. A public defender might miss opportunities to challenge the search, the seizure, or how the evidence was obtained. We don’t.

As a private attorney, I take the time to investigate your case from every angle. I communicate with witnesses, pull 911 call recordings, and review every statement for inconsistencies. I prepare your case for trial, even if we never go to court, because that pressure forces prosecutors to take our negotiations seriously.

Domestic violence charges can destroy careers, family relationships, and futures. But if we fight back early, we may be able to get the case dismissed, negotiate pretrial diversion, or convince the judge to withhold adjudication—keeping your record clean.

Florida Domestic Violence Defense Attorney FAQs

What happens after a domestic violence arrest in Florida?
You will be taken to jail and held without bond until you appear before a judge, usually within 24 to 48 hours. The judge may impose a no-contact order, even if the alleged victim doesn’t want it. If convicted, you face jail, probation, and mandatory intervention programs.

Can I be charged even if the alleged victim doesn’t want to press charges?
Yes. In Florida, the State Attorney—not the alleged victim—decides whether to file charges. Even if the accuser wants to drop the case, the prosecutor can move forward.

What if there were no injuries or physical evidence?
The State still may pursue the case based on witness testimony or statements made during the 911 call. However, lack of injuries or other evidence makes it harder for them to prove guilt beyond a reasonable doubt. That opens the door to dismissal or acquittal.

Can I get a domestic violence charge sealed or expunged?
No. If you plead guilty or no contest and are convicted—or even if adjudication is withheld—you cannot seal or expunge the record. That’s why we fight hard to get charges dropped before you enter a plea.

What if alcohol or drugs were involved?
If drugs or alcohol played a role in the incident, we may be able to negotiate treatment-based outcomes instead of jail time. But be aware, the presence of drugs or paraphernalia can lead to additional charges. That’s why you need a Florida drug crime defense attorney who knows how to address both.

Can I see my kids if I’m charged with domestic violence?
A no-contact order may prevent you from seeing your children, at least temporarily. If there’s a family court case pending, the domestic violence charge could impact your custody rights. We work closely with family law counsel to protect your parental access.

Is a first-time domestic violence offense a felony in Florida?
Generally, no. Most first-time domestic violence charges are misdemeanors. However, if serious bodily injury occurs, or if strangulation or a weapon is involved, the charge may be upgraded to a felony.

What is the batterers’ intervention program (BIP)?
This is a 26-week court-ordered program for domestic violence offenders. If you’re convicted or accept a plea deal, you will likely have to complete this program. We may be able to negotiate alternatives in some cases.

What’s the difference between a restraining order and a no-contact order?
A no-contact order is issued in a criminal case by a judge at first appearance. A restraining order (also called an injunction) is a civil protective order filed by the alleged victim in a separate case. We defend both types.

How long does a domestic violence case take to resolve?
It depends on the court, the strength of the evidence, and how aggressively we fight the charges. Some cases can be resolved in weeks, while others may take months. Our goal is to move quickly to protect your rights and avoid unnecessary delays.

If you're facing domestic violence charges in Florida, the time to act is now. The penalties are serious. The consequences are long-term. But with the right defense strategy, you may be able to avoid a conviction, protect your record, and move forward with your life.

These cases demand immediate attention. The court doesn’t wait. You shouldn’t either. I’m here to listen to your side of the story and fight for the best outcome possible.

Call a Florida Domestic Violence Defense Attorney Now

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.