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Domestic Battery or Domestic Violence
One of the most common criminal charges that has the greatest potential to totally alter your life is an accusation of domestic violence. All it takes is a small argument to get out of hand, or the tiniest lie from a spouse or partner, and a machine of government agents is ready to upend your life, separate you from your kids, slander your reputation, and isolate you from other parts of society. If you have been accused or charged with a domestic violence charge of any kind, get legal help now.
Being accused of domestic violence, a domestic violence conviction can negatively impact your future and your freedom. Being accused of committing domestic violence against your spouse, significant other, or ex is a serious allegation which once made can be life-altering. What brings about the circumstances of these kinds of allegations is usually a result of longstanding difficulties such as divorce, drug or alcohol abuse, mental illness, or custody disputes. These issues then culminate in a crisis where the government gets involved. You could lose child custody, access to your home or business, or be prohibited from seeing certain members of your family.
Domestic violence is prosecuted in Florida in the same way as any other assault or battery case, in which the state must prove beyond a reasonable doubt that the defendant committed some variant of a domestic violence charge, the most common being the Battery variant or the Assault variant as described below:
Battery :Intentionally touched or struck the alleged victim against his or her will; or intentionally cause bodily harm to the alleged victim or
Assault: Intentionally and unlawfully threatened, either by word or act, to do violence to the victim and, at the time, appeared to have the ability to carry out the threat; or the act of the defendant created in the mind of the alleged victim a well-founded fear that the violence was about to take place
Domestic violence – http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html
Domestic violence, according to Florida domestic violence statutes, means 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.
What are the Penalties for Domestic Violence in Florida?
A first-time domestic violence battery offense with no aggravating circumstances is usually charged as a first-degree misdemeanor in Florida, which is punishable by:
However, a more serious felony may be charged for crimes such as:
A third-degree felony is punishable by up to five years in prison and a fine of up to $5,000. Minimum and maximum penalties have been established for each type of domestic violence offense. Upon conviction, Florida Statutes § 741.283 mandates a minimum sentence of five days in jail for a domestic violence crime in which “bodily harm” was inflicted.
A second-degree felony is punishable by up to 15 years in prison and a fine of up to $10,000. Minimum and maximum penalties have been established for each type of domestic violence offense. Upon conviction, § 741.283 of the Florida Statutes mandates a minimum sentence of five days in jail for a domestic violence crime in which “bodily harm” was inflicted.
In addition, anyone convicted or who pleads guilty to domestic violence must attend and complete a six-month batterers’ intervention program (BIP) at his or her own expense if the judge or jury found that the victim suffered any bodily harm. There are rare exceptions to this statutory subsection, and an experienced domestic battery attorney can help.
What to Expect if You Are Accused of Domestic Violence
It is smart to consult with an experienced Gainesville or North Central Florida Domestic violence criminal defense lawyer Matt Landsman as soon as you are charged or even accused of domestic violence because the charge can have an effect on many other aspects of life, including but not limited to:
If you’ve been accused of domestic violence and would like to strongly defend against the accusations, don’t delay in preparing your defense with the help of an experienced Gainesville domestic violence lawyer, and receive expert domestic violence defense in Gainesville or North Florida.
If you’ve been accused you need to be educated, prepared and get the strongest defense you can. You may think you are helping yourself by answering the police officer’s questions, but it’s your right to have a lawyer present. An attorney specialized in domestic violence defense in Gainesville can protect you during police interrogations, and provide expert advice for domestic violence defense in Gainesville or North Florida.
Defenses Against Domestic Violence Charges
While the State is preparing it’s case against you, you need to be learning what is happening to you, why it is happening, and what possible defenses can be brought to bear against the State accusations. Get a Defense lawyer who is knowledgeable in domestic violence defense in Gainesville and has experience with any number of possible defense strategies:
What to Do When You’re Falsely Accused of Domestic Violence
Suppose you’ve been falsely accused of physical violence, physical abuse, emotional abuse, sexual assault, personal injury, child support infractions, breaking domestic violence law, or breaking any other criminal law. What should you be concerned with? Are you worried about any of the following happening to you?
Could someone manipulate evidence against you by taking or using your resources you share? is there any danger of someone manipulating your bank account information or car title? Are your assets such as car title, jewelry, or bank accounts secure? Could someone easily liquidate your assets?
Are your logins secure to your social media, credit cards, electronic devices, email, applications, or online shopping sources? Could they be taken, misused, or surveilled?
Do you have notes or records of interactions with the accuser and have you retained all written interactions, including but not limited to emails, texts, and messages? Memories fade and people sometimes deny words that later become critical.
Can the alleged victim have these charges dropped?
Once someone issues a domestic violence charge, the victim can’t have it dropped. It is considered a crime and since crimes are governed by the state, only the prosecutor has the authority to drop these charges. This is very different from how charges are presented in the media and how most people think our criminal justice system operates.
Why Am I Being Falsely Accused Common Reasons
Attention Seeking: False accusations may surface as attention-seeking behavior from the alleged victim. Or they may have enough malice and disdain for the accused that they’re willing to fabricate details of an altercation or spousal abuse for them to be arrested.
Bad Police-work: Sometimes Police officers make mistakes as well. Leading questions and intentionally or accidentally misleading a person during an emotional crisis can warp a kernel of truth into a whopper of a lie.
Hire an Experienced Domestic Violence Attorney
Generally, the fees you pay will be based on the attorney’s experience, reputation, and track record of success. Suppose you are facing the power of the State, especially for allegedly causing bodily harm to another. In that case, you need a knowledgeable criminal defense lawyer expert in domestic violence defense in Gainesville to advise you, advocate on your behalf, protect your rights, and fight for the best outcome.
Matt Landsman is Board Certified in Criminal Trial Law by the Florida Bar since 2016. Board certification is the highest level of evaluation and accreditation for lawyers by the Florida Bar and represents competency and experience within an area of law, as well as professionalism and ethics in practice. criminal defense attorney. Gainesville Domestic Violence Defense Attorney Matt Landsman has the experience you need to help you or your loved ones through Domestic Violence related difficulties with expert advice for a domestic violence defense in Gainesville.
Have you been accused of a crime in Gainesville or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida.
