Domestic Violence Battery in Florida
Domestic Violence is a politically charged subject in Florida and is prosecuted aggressively - usually by specially trained prosecutors.
If accused of Domestic Violence, you need to know the:
Importantly, even though domestic violence cases are often the result of false accusations by spiteful partners, 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,
- Treated as a Deportable Offense for Immigration Purposes,
- Ineligible for Sealing or Expungement, and
- Mandatory Counseling.
So contact Orlando Domestic Violence Attorney Richard Hornsby for a free consultation.
Definition of 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),
- Any offense resulting in physical injury or death.
Penalties for Domestic Violence
In addition to the statutory penalties applicable to any criminal offense, Domestic Violence charges also carry 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 a misdemeanor, and
- Your concealed weapons permit will be revoked.
Defenses to Domestic Battery by Strangulation
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.
Treatment and Counseling
One of the first things I do when hired is recommend counseling pending resolution of the case.
This allows you to address underlying issues that caused the altercation and develop positive habits that will help you avoid future conflicts.
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.
The next thing I do 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 true, 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.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Domestic Violence Battery in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.