Domestic Violence Battery in Florida
The alleged victim cannot drop charges; only the State Attorney can.
”-- Richard HornsbyIf accused of domestic violence, you are likely wondering:
- What is Domestic Violence?
- How do you Fight a Domestic Violence Charge?
- What are the Penalties for Domestic Violence?
Even though domestic violence cases are often the result of false accusations by spiteful partners; understand that Domestic Violence is a politically charged subject in Florida and is prosecuted aggressively - usually by specially trained prosecutors.
So do not attempt to resolve a domestic violence case without an experienced attorney, because a plea results in:
- Mandatory Jail Time if there were injuries,
- Permanent Criminal Record
- Ineligible for Sealing or Expungement, and
- Mandatory Counseling
So contact Orlando Domestic Violence Attorney Richard Hornsby for a free consultation.
What is Domestic Violence?
Commonly associated with a fight between a husband and a wife, domestic violence actually includes a range of criminal offenses committed by one family member against another.
Domestic Violence occurs when a family member injures or commits any violent offense against another family member. Some examples are:
- Assault or Battery,
- False Imprisonment of Kidnapping,
- Sexual Battery (Rape),
- Stalking,
- Any offense resulting in physical injury or death.
How do you Fight a Domestic Violence Charge
Defending domestic violence cases are difficult, because deeper issues usually caused the altercation in the first place. These include:
- Alcohol, Drug, or Substance Abuse,
- Child Custody Disputes,
- Injunctions Proceedings,
- Mental Health Issues
- Pending Divorce, or
- Spiteful Family Members.
With these things in mind, the best way to approach a domestic violence case is to develop a plan that will not only result in the dismissal of the case, but also bring harmony between you and the accuser.
Victim Outreach
One of the first things I do when hired is reach out to the accuser. Many times, I find the accuser regrets what has been set in motion and wishes to stop things before they spiral out of control.
If this is so, I may be able to direct them towards the appropriate parties to expedite the dismissal of the case. Nevertheless, just because the accuser wants to "drop the charges," under Florida law the victim cannot drop charges, only the State Attorney can.
Fix the Problem
The second thing I do is recommend counseling pending resolution of the case, which allows you to address the issues that caused the altercation. I find this important because if the underlying issues are not addressed, many people find themselves right back at square one, which is something that should be avoided.
What are the Penalties for Domestic Violence
In addition to the general penalties applicable to any of the domestic violence related criminal offenses, you are also facing the following enhanced penalties.
- Minimum Mandatory Jail Time of Five (5) days in Jail
- Mandatory 26-29 Week Batterers Intervention Program
- Ineligible to ever be Sealed or Expunged from your criminal record
- Forfeit your right to have a gun while on probation, even for misdemeanor
- Your concealed weapons permit will be revoked
Contact Criminal Defense Lawyer Richard Hornsby
Contact Criminal Defense Lawyer Richard Hornsby for the criminal defense representation you deserve. The initial consultation is free and I am always available to advise you on the proper course of action to take.