Police responded to a beachfront bar after management kicked out a disorderly patron. The Defendant then retreated to his boat to sleep off his day of drinking. The Defendant’s wife volunteered to drive her husband and their boat home. After she boarded the boat, the Police witnessed the Defendant kick and swing punches at his wife. The Police arrested the Defendant and charged him with Domestic Battery.
Domestic Battery in Florida
In Florida, domestic battery is a pattern of behaviors that one individual uses over someone who is their intimate partner in order to establish power. This behavior can be violent in nature or the threat of violence. It is very abusive and hurtful to the victim.
Domestic battery should not be confused with the occasional marriage fight or argument that arise between many couples. Battery tends to go on for a much longer period, and the impact is more damaging to the physical and/or emotional well-being of the victim. It is a serious offense that will be prosecuted to the fullest extent in the state of Florida. It will be labeled as a first-degree misdemeanor.
Mandatory jail time can be served if there are injuries to the victim. The offender could also be placed on 12 months of probation. Domestic battery will also appear on a person’s criminal record and the offender will be charged a $1,000 fine. Top these penalties off with the requirement of mandatory counseling. This charge is ineligible for expungement. For immigration purposes, this is a deportable offense.
There are also collateral offenses associated with domestic battery. These include a mandatory completion of a 26-week batterer’s intervention program (BIP). This program can be rather costly, and must be paid for by the offender. In order to successfully complete the requirements of the program, the offender must attend every class after they have their initial assessment and orientation. Domestic battery offenders could also have a set amount of community service hours to complete and may lose their right to carry a gun. Additionally, a no-contact order could be set up by the victim.
Defenses that can be used against domestic battery include the following:
- Spiteful family members
- Drugs and alcohol
- Mental health issues
- Child custody disputes
- Injunction proceedings
- Pending divorce
Musca Law Firm Services
If you have been charged with domestic battery, you should look to an attorney for assistance with your case. A skilled domestic battery lawyer will be able to provide you with a strong and strategic defense to help you litigate your case effectively. At Musca Law Firm, we have over 150 years of combined legal experience among our staff of attorneys. We will build a strong defense based on the specifics of your case, and we have no problem entering heated negotiations with the prosecution on your behalf. We fight to protect all of our client’s rights. Call us today 24/7 at (888) 484-5057 to set up a free initial case consultation with one of our experienced attorneys. We serve all of Florida with offices in various cities across the state for our clients’ convenience.
RESULT: The Musca Law Defense Attorney entered into discussions with the Prosecution over the details of the case. The Defense proved to the Prosecution that there were inconsistencies in the arresting Officer’s statements. After conversations with the Defense, the Prosecution DROPPED all charges against the Client.